Opinion

in Re Ronald Antione Reed

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Dec 30, 2009
Status
Published
Cited by
0 cases
Authority
More cited than 35.3%

The opinion

Opinion issued December 30, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-09-00932-CR

01-09-00933-CR

_____________

IN RE RONALD ANTIONE REED, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Ronald Antione Reed, has filed in this Court two petitions for writs

of mandamus, complaining that respondent district clerk

has not forwarded his post

conviction writs of habeas corpus

to the Texas Court of Criminal Appeals. Relator

requests this Court to order respondent district clerk to transmit his Article 11.07

writs of habeas corpus

to the Texas Court of Criminal Appeals. We dismiss the

petitions.

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). 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. Tex. Code Crim. Proc. Ann.

art. 11.07, § 3 (Vernon Supp. 2009). 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).

The petitions for writ of mandamus are dismissed for lack of jurisdiction.

Any pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Bland and Massengale.

Do not publish.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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