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In re Miller

Court of Appeals Fifth District of Texas at Dallas
Feb 24, 2012
No. 05-12-00241-CV (Tex. App. Feb. 24, 2012)

Opinion

No. 05-12-00241-CV

02-24-2012

IN RE DAVID LAMAR MILLER, Relator


Writ of Mandamus Dismissed, Opinion issued February 24, 2012

Original Proceeding from the Criminal District Court

Dallas County, Texas

Trial Court Cause No. W03-73517-H

MEMORANDUM OPINION

Before Justices Morris, Richter, and Lang-Miers

Opinion by Justice Richter

Before the Court is relator's petition for writ of mandamus complaining the Dallas County District Clerk has failed to follow the proper procedures regarding relator's application for post- conviction writ of habeas corpus. The facts and issues are well known to the parties, so we need not recount them herein. This Court has no general mandamus jurisdiction over the Dallas County District Clerk and no jurisdiction over post-conviction habeas corpus proceedings. See Tex. Gov't Code Ann. § 22.221 (West 2004); Tex. Code Crim. Proc. Ann. arts. 11.05, 11.07 (West 2005 & Supp. 2011); In re Hampton, No. 05-07-00440-CV, 2007 WL 1168446, at *1 (Tex. App.-Dallas Apr. 20, 2007, orig. proceeding) (mem. op.). We dismiss the petition for writ of mandamus.

MARTIN RICHTER

JUSTICE

120241F.P05


Summaries of

In re Miller

Court of Appeals Fifth District of Texas at Dallas
Feb 24, 2012
No. 05-12-00241-CV (Tex. App. Feb. 24, 2012)
Case details for

In re Miller

Case Details

Full title:IN RE DAVID LAMAR MILLER, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 24, 2012

Citations

No. 05-12-00241-CV (Tex. App. Feb. 24, 2012)