Opinion

in Re Jerome Clark

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Oct 25, 2007
Status
Published
Cited by
0 cases
Authority
More cited than 35.2%

The opinion

Opinion issued October 25, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00852-CR

____________

IN RE JEROME CLARK, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Jerome Clark, has filed in this Court a pro se petition for writ of

mandamus, complaining that respondent

has not transmitted a copy of his post-conviction application for writ of habeas corpus and other related documents to the

Court of Criminal Appeals. Relator requests that this Court order respondent to

transmit the documents to the Court of Criminal Appeals. Relator also requests that

this Court make a finding that the Respondent did not transmit the writ documents

within a reasonable time and that Relator brought his litigation in good faith. We

dismiss the petition.

We have no authority to issue a writ of mandamus against a district clerk unless

such is necessary to enforce our jurisdiction. In re Coronado , 980 S.W.2d 691, 692

(Tex. App. San Antonio 1998, orig. proceeding). We do not have jurisdiction to issue

writs of mandamus in criminal law matters pertaining to habeas proceedings seeking

relief from final felony judgments. This is because that jurisdiction lies exclusively

with 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.

2006).

We dismiss the petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.

Do not publish.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.

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