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In re Smith

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Aug 1, 2014
NO. 03-14-00461-CV (Tex. App. Aug. 1, 2014)

Opinion

NO. 03-14-00461-CV

08-01-2014

In re Freddrick Smith


ORIGINAL PROCEEDING FROM HARRIS COUNTY

MEMORANDUM OPINION

Relator Freddrick Smith, an inmate proceeding pro se, has filed a petition for writ of mandamus with this Court, asking us to order the Texas Court of Criminal Appeals and the 351st Judicial District Court of Harris County to act on Smith's application for writ of habeas corpus. This Court's mandamus jurisdiction is expressly limited to: (1) writs against a district court judge or county court judge in this Court's district, and (2) all writs necessary to enforce our jurisdiction. Harris County is not in this Court's district, and no writ is necessary to enforce our jurisdiction here. Additionally, we do not have any jurisdiction over the Texas Court of Criminal Appeals, which has exclusive jurisdiction to review matters relating to post-conviction relief from final felony convictions. We dismiss Smith's petition for want of jurisdiction.

See Tex. Gov't Code § 22.221.

See id. § 22.201(d).

See Tex. Const. art. V, § 6; see also Lambert v. State, No. 03-12-00530-CR, 2012 Tex. App. LEXIS 7121, at *1-2 (Tex. App.—Austin Aug. 23, 2012, no pet.) (mem. op., not designated for publication).

See Tex. Code Crim. Proc. art. 11.07; Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (per curiam).
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/s/_________

Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Rose


Summaries of

In re Smith

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Aug 1, 2014
NO. 03-14-00461-CV (Tex. App. Aug. 1, 2014)
Case details for

In re Smith

Case Details

Full title:In re Freddrick Smith

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Aug 1, 2014

Citations

NO. 03-14-00461-CV (Tex. App. Aug. 1, 2014)