Opinion

in Re Joe Louis Champion

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Aug 26, 2010
Status
Published
Cited by
0 cases
Authority
More cited than 35.3%

The opinion

Opinion issued August 26, 1010

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-10-00665-CR

———————————

IN RE Joe Louis Champion , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator,

Joe Louis Champion, has filed in this Court a petition for writ of mandamus,

complaining that respondent * did not

rule on his post-conviction article 11.07 writ of habeas corpus filed in

the 185th District Court in trial court cause number 494490-A. See Tex. Code Crim. Proc. Ann. art. 11.07

(Vernon Supp. 2009). Relator requests

that we compel respondent to rule on his application for writ of habeas corpus.

We dismiss the petition.

This Court has no authority to

issue a writ of mandamus to compel a district court judge to rule on an

application for writ of habeas corpus in which the judgment of conviction is

final. In re McAfee , 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.]

2001, orig. proceeding). This is because

jurisdiction to grant post-conviction habeas corpus relief in felony cases

rests exclusively with the Texas Court of Criminal Appeals. Tex.

Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2009); Board of Pardons & Paroles ex rel. Keene

v. Court of Appeals for the Eighth District , 910 S.W.2d 482, 483 (Tex. Crim.

App. 1995).

Therefore, the petition for writ of

mandamus is dismissed for lack of jurisdiction.

All pending motions are denied.

PER CURIAM

Panel

consists of Justices Jennings, Alcala, and Massengale.

Do

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

*

The Respondent is the Honorable

Susan Brown, Judge, 185th District Court, Harris County.

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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