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In re Newsome

Court of Appeals of Texas, Fourteenth District, Houston
Nov 20, 2008
No. 14-08-00883-CV (Tex. App. Nov. 20, 2008)

Opinion

No. 14-08-00883-CV

Opinion filed November 20, 2008. DO NOT PUBLISH.

Original Proceeding Writ of Habeas Corpus.

Panel consists of Chief Justice HEDGES, Justice GUZMAN, and Justice BROWN.


MEMORANDUM OPINION


On September 24, 2008, relator Edward R. Newsome filed paperwork which we construe as a petition for a writ of habeas corpus. See Tex. Gov't Code Ann. § 22.221(d) (Vernon 2004). No record has been filed. See Tex. R. App. P. 52.7. We dismiss for want of jurisdiction. Our original jurisdiction over habeas corpus petitions is limited to contempt judgments in which a person's liberty is restrained because of his violation of an order issued by a court in a civil case. See Tex. Gov't Code Ann. § 22.221(d). We are frequently reminded, by virtue of his numerous filings with this court, that relator is currently serving a thirty-nine year sentence in the Texas Department of Criminal Justice for unauthorized use of a vehicle. See Tex. Penal Code Ann. § 31.07 (Vernon 2003). We do not have original habeas corpus jurisdiction in criminal law matters. See Tex. Gov't Code Ann. § 22.221(d); Lewis v. State, 191 S.W.3d 225, 229 (Tex.App.-San Antonio 2005, pet. ref'd); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex.App.-Waco 1999, orig. proceeding). In an effort to invoke our original habeas jurisdiction, relator now characterizes his confinement as having resulted from "contempt of court." However, the absence of a record, including a signed contempt order, prevents us from concluding that we have jurisdiction to consider relator's habeas corpus petition. Therefore, we dismiss for want of jurisdiction the petition in case number 14-08-00883-CV, and all other requests for relief contained in that petition.

Relator's 1986 conviction was affirmed by this court in 1988. See Newsome v. State, No. C14-87-00048-CR, 1988 WL 26430 (Tex.App.-Houston [14th Dist.] 1988, pet. ref'd) (not designated for publication), cited in re Newsome, No. 14-08-00302-CV, 2008 WL 1839056, at *1 n. 1 (Tex.App.-Houston [14th Dist.] Apr. 24, 2008, orig. proceeding) (mem. op.).


Summaries of

In re Newsome

Court of Appeals of Texas, Fourteenth District, Houston
Nov 20, 2008
No. 14-08-00883-CV (Tex. App. Nov. 20, 2008)
Case details for

In re Newsome

Case Details

Full title:IN RE EDWARD R. NEWSOME, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Nov 20, 2008

Citations

No. 14-08-00883-CV (Tex. App. Nov. 20, 2008)