Opinion
NO. 09-15-00276-CV
10-29-2015
PAUL E. TEEL, Appellant v. STATE OF TEXAS TDCJ PAROLE DIVISION, ET AL, Appellees
On Appeal from the 411th District Court San Jacinto County, Texas
Trial Cause No. CV14,264
MEMORANDUM OPINION
Seeking relief from the Parole Division of the Texas Department of Criminal Justice, Paul E. Teel filed an application for a writ of habeas corpus with the 411th District Court of San Jacinto County, Texas. The court denied the application without issuing the writ and without conducting a hearing. We questioned our jurisdiction and requested a response. Teel filed a response, but failed to establish that the order is appealable.
There is no appeal from a refusal to issue a writ of habeas corpus. Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). A habeas applicant may only appeal the denial of relief on the merits. See Ex parte Hargett, 819 S.W.2d 866, 869 (Tex. Crim. App. 1991). The trial court did not rule on the merits of Teel's application. The appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED.
/s/_________
STEVE McKEITHEN
Chief Justice
Submitted on October 28, 2015
Opinion Delivered October 29, 2015
Before McKeithen, C.J., Horton and Johnson, JJ.