Opinion

in Re: William Lester Rice, Jr.

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 3, 2005
Status
Published
Cited by
0 cases
Authority
More cited than 35.2%

The opinion

Opinion issued March 3, 2005

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00057-CR

____________

IN RE WILLIAM LESTER RICE, JR., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, William Lester Rice, Jr., filed in this Court a petition for writ of

mandamus, complaining that respondent

refused to properly process relator’s pro se

motion to disqualify respondent. According to the petition, the motion was filed in

connection with relator’s post-conviction writ of habeas corpus in cause number

857604B. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004-2005).

This Court has no authority to issue writs of mandamus in criminal law

matters pertaining to habeas corpus proceedings seeking relief from final felony

judgments. That jurisdiction lies exclusively with the Texas Court of Criminal

Appeals. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the

Eighth District , 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee , 53

S.W.3d 715, 717-18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) ; Tex.

Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2004-2005).

The petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.