Court of Civil Appeals of Texas, 2009

in Re Lionel D. Murphy

in Re Lionel D. Murphy
Court of Civil Appeals of Texas · Decided August 27, 2009

in Re Lionel D. Murphy

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-09-335-CV

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IN RE LIONEL D. MURPHY




Original Proceeding



MEMORANDUM OPINION

Lionel D. Murphy filed a petition for writ of mandamus in which he seeks to compel the trial court to forward his application for a writ of habeas corpus to the Court of Criminal Appeals for filing. Murphy's petition for writ of mandamus states that he filed his application for writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. See Tex. Code Crim. Proc. art. 11.07 (Vernon Supp. 2008).

Mandamus relief in a post-conviction habeas proceeding under article 11.07 must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.--Houston [1st Dist.] 2001, orig. proceeding). The relator has failed to establish that he is entitled to the relief requested from this Court in his petition for writ of mandamus. See id. Accordingly, we deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered August 27, 2009

Before McKeithen, C.J., Gaultney and Horton, JJ.

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