From Casetext: Smarter Legal Research

In re Martinez

Court of Appeals of Texas, Eighth District, El Paso
Mar 10, 2005
No. 08-05-00088-CR (Tex. App. Mar. 10, 2005)

Opinion

No. 08-05-00088-CR

March 10, 2005. DO NOT PUBLISH.

An Original Proceeding in Mandamus.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.


MEMORANDUM OPINION


Relator Ricardo Martinez has filed a petition for writ of mandamus, complaining of the trial court's failure to act on his post-conviction application for writ of habeas corpus. In Relator's mandamus petition, he states that the trial court has not acted on the habeas application for over eighteen months. This Court, however, does not have jurisdiction over matters related to post-conviction writs of habeas corpus. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). Only the Court of Criminal Appeals has the authority to issue a writ of mandamus compelling a trial court to act on a petition for writ of habeas corpus. See McAfee, 53 S.W.3d at 718; see also Martin v. Hamlin, 25 S.W.3d 718, 719 (Tex.Crim.App. 2000); McCree v. Hampton, 824 S.W.2d 578, 578-79 (Tex.Crim.App. 1992). Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction.


Summaries of

In re Martinez

Court of Appeals of Texas, Eighth District, El Paso
Mar 10, 2005
No. 08-05-00088-CR (Tex. App. Mar. 10, 2005)
Case details for

In re Martinez

Case Details

Full title:IN RE: RICARDO MARTINEZ, Relator

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Mar 10, 2005

Citations

No. 08-05-00088-CR (Tex. App. Mar. 10, 2005)