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In re Newsome

Court of Appeals of Texas, Fourteenth District, Houston
Sep 29, 2009
No. 14-09-00784-CR (Tex. App. Sep. 29, 2009)

Opinion

No. 14-09-00784-CR

Opinion filed September 29, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

Original Proceeding. Writ of Mandamus.

Panel consists of Justices ANDERSON, GUZMAN, and BOYCE.


MEMORANDUM OPINION


On September 10, 2009, relator, Edward R. Newsome, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, relator claims he is being unlawfully restrained on his conviction for unauthorized use of a motor vehicle. Relators names "John Doe, et al." as the respondents. A court of appeals has no general writ power over a person — other than a judge of a district or county court — unless issuance of the writ is necessary to enforce the court's jurisdiction. See Tex. Gov't Code Ann. § 22.221. Respondents are not a district or county judge. Moreover, relator has not shown that the exercise of our mandamus authority against the respondents is necessary to enforce our jurisdiction because only the Texas Courts of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). Therefore, we do not have jurisdiction to issue a writ of mandamus against the respondents. Accordingly, relator's petition for writ of mandamus is ordered dismissed for lack of jurisdiction.


Summaries of

In re Newsome

Court of Appeals of Texas, Fourteenth District, Houston
Sep 29, 2009
No. 14-09-00784-CR (Tex. App. Sep. 29, 2009)
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: Sep 29, 2009

Citations

No. 14-09-00784-CR (Tex. App. Sep. 29, 2009)