Court of Civil Appeals of Texas, 2010

in Re Russell Dale Mortland

in Re Russell Dale Mortland
Court of Civil Appeals of Texas · Decided August 31, 2010

in Re Russell Dale Mortland

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00527-CV

In re Russell Dale Mortland

ORIGINAL PROCEEDING FROM HAYS COUNTY

MEMORANDUM OPINION

Russell Dale Mortland pleaded guilty to the offenses of fraudulent filing of a financial statement and retaliation and was placed on community supervision. He has now filed an original application for writ of habeas corpus in this Court. This Court’s original jurisdiction to issue a writ of habeas corpus is limited to those cases in which a person’s liberty is restrained because the person has violated an order, judgment, or decree entered in a civil case. See Tex. Gov’t Code Ann. § 22.221(d) (West 2004). Because Mortland’s application arises from an order entered in a criminal case, not a civil case, we have no jurisdiction to consider it.

We dismiss the application for writ of habeas corpus for want of jurisdiction.

____________________________________ Bob Pemberton, Justice Before Chief Justice Jones, Justices Pemberton and Waldrop Filed: August 31, 2010

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