“Jurisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with this Court.”
How later courts described this case
- “Jurisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with this Court.”
Written by the judges who cited it.
The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00522-CV
In re John Therrin Baldwin
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator John Therrin Baldwin has filed a pro se petition for writ of mandamus
asking this Court to direct the Travis County District Clerk to transmit a copy of his application
for writ of habeas corpus and all related filings to the Court of Criminal Appeals in accordance
with article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. art.
11.07, § 3(c).
Article 11.07 vests complete jurisdiction over post-conviction relief from final
felony convictions in the Texas Court of Criminal Appeals. See id. art. 11.07; Board of Pardons
& Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim.
App. 1995) (“Jurisdiction to grant post conviction habeas corpus relief on a final felony
conviction rests exclusively with this Court.”); In re Watson, 253 S.W.3d 319, 320 (Tex. App.—
Amarillo 2008, orig. proceeding) (explaining in context of application for writ of habeas corpus,
that applicant seeking relief from action or inaction of convicting court “may seek mandamus
relief from the Court of Criminal Appeals”). Further, relator seeks a writ of mandamus against
the Travis County District Clerk and has not shown how the writ is necessary to enforce this
Court’s jurisdiction. See Tex. Gov’t Code § 22.221(a) (authorizing courts of appeals to issue
writs of mandamus “necessary to enforce the jurisdiction of the court”), (b) (generally
authorizing courts of appeals to issue writs against judges of specified courts).
Because we lack jurisdiction to grant the requested relief, we dismiss Baldwin’s
petition for writ of mandamus. See Tex. Code Crim. Proc. art. 11.07; Tex. Gov’t Code
22.221(a), (b).
__________________________________________
Rosa Lopez Theofanis, Justice
Before Justices Kelly, Smith, and Theofanis
Filed: August 23, 2024
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