Ex parte Cathcart
Ex parte Cathcart
Opinion of the Court
OPINION
Opinion by
Previously, we considered Melanie Cath-cart’s appeal of the trial court’s judgment denying her application for writ of habeas corpus. Because we determined that Cathcart was accused of committing the offense of intoxication manslaughter beginning the day she was arrested on October 4, 1996, and because article 32.01 of the Code of Criminal Procedure uses the language “any criminal accusation,” we instructed the trial court to enter an order granting habeas relief. In response, the State filed a petition for discretionary review challenging our decision.
The court of appeals has no jurisdiction in a habeas corpus action where The trial court’s jurisdiction was not invoked. See Tex.Code CRIm.Proc.Ann. art. 11.05 (Vernon 1977) (courts of appeals not listed as court with original habeas corpus jurisdiction). As a result, we now dismiss Cath-cart’s application for want of jurisdiction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.