Court of Appeals of Texas, 2016

in Re Avery Lamarr Ayers

Court of Appeals of Texas · Decided April 14, 2016 · Frost, Jamison, McCally, Per Curiam

515 S.W.3d 356; 2016 WL 1533747; 2016 Tex. App. LEXIS 3863 (South Western Reporter, Third Series)

Cases that cite this one

115 later published cases cite this decision. The 25 that cite it most often are listed here.

In re Jonathon Dyer v. the State of Texas (Tex. App. 2024)
In re Roger Lee Hall v. the State of Texas (Tex. App. 2025)
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Daniel James Caldwell v. the State of Texas for the Protection of Jennifer Zimmerman (Tex. App. 2024)
In re Jaime Cruz Rodriguez v. the State of Texas (Tex. App. 2024)
in Re Adrian D. Curry (Tex. App. 2023)
Ex Parte Phillip Scott (Tex. App. 2023)
Ex Parte: Isisah Sheppard v. the State of Texas (Tex. App. 2023)
In re John Gilbert Centeno Jr. v. the State of Texas (Tex. App. 2023)
in Re Marco Koole (Tex. App. 2022)
in Re Jose Alfredo Jimenez (Tex. App. 2022)
in Re Mickey Boswell (Tex. App. 2022)
in Re Patrick Dixon (Tex. App. 2020)
in Re Robert Lawrence Dane (Tex. App. 2020)
Louis James Brown, III v. State (Tex. App. 2020)
in Re Aaron J. Schillings (Tex. App. 2020)
in Re Richard Vincent Letizia (Tex. App. 2019)
in Re Whitney Frilot (Tex. App. 2019)
in Re Benjamin Washington (Tex. App. 2019)
in Re John Anthony Buchanan (Tex. App. 2019)
in Re John Anthony Buchanan (Tex. App. 2019)
in Re Kyle Franks (Tex. App. 2016)
in Re Brett David Bogus (Tex. App. 2016)
in Re McKinley Brooks (Tex. App. 2016)
In re Avery Cato v. the State of Texas (Tex. App. 2025)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION

PER CURIAM

On April 5, 2016, relator Avery Lamarr Ayers filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex.R.App. P. 52. In the petition, relator, who was convicted for forgery of a financial instrument, claims he is innocent and that he received ineffective assistance of counsel.

Relator is requesting habeas corpus relief. The courts of appeals have no original habeas-corpus jurisdiction in criminal matters. Tex. Gov’t Code Ann. § 22.221(d); Dodson v. State, 988 S.W.2d 833, 835 (Tex.App.-San Antonio 1999, no pet.); Ex Parte Denby, 627 S.W.2d 435 (Tex.App.-Houston [1st Dist.] 1981, orig. proceeding). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art. 11.05 (West 2015); Ex Parte Hawkins, 885 S.W.2d 586, 588 (Tex.App.-El Paso 1994, orig. proceeding). Therefore, this court is without ju *357 risdiction to consider relator’s petition requesting habeas corpus relief.

Accordingly, we dismiss relator’s petition for lack of jurisdiction.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.