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In re Williams

Court of Appeals of Texas, Eighth District, El Paso, Texas
Apr 27, 2006
No. 08-06-00076-CR (Tex. App. Apr. 27, 2006)

Opinion

No. 08-06-00076-CR

April 27, 2006. DO NOT PUBLISH.

An Original Proceeding in Mandamus.

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


OPINION


Relator Rudy Van Williams seeks a writ of mandamus to compel the El Paso District Attorney's Office to comply with Tex. Code Crim.Proc.Ann. art. 11.07, § 3(b), (c), (d), § 7 (Vernon 2005) with respect to his application for an Article 11.07 writ of habeas corpus, which he states he has filed in cause numbers 73946-34-4 and 73622-34-4. We have jurisdiction to issue writs of mandamus against judges of district or county courts in our district. Tex. Gov't Code Ann. § 22.221(b) (Vernon 2004). We may issue the writ against other officials only if necessary to enforce our jurisdiction. See id. § 22.221(a). The El Paso District Attorney's Office is not a judge within our district and Relator has not demonstrated that issuing the writ against the office is necessary to enforce our jurisdiction. To the extent that Relator's complaint concerns the Article 11.07 writ of habeas corpus proceedings, this Court 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). Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.


Summaries of

In re Williams

Court of Appeals of Texas, Eighth District, El Paso, Texas
Apr 27, 2006
No. 08-06-00076-CR (Tex. App. Apr. 27, 2006)
Case details for

In re Williams

Case Details

Full title:IN RE: RUDY VAN WILLIAMS

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

Date published: Apr 27, 2006

Citations

No. 08-06-00076-CR (Tex. App. Apr. 27, 2006)