Court of Civil Appeals of Texas, 2018

in Re John F. Hawkins

in Re John F. Hawkins
Court of Civil Appeals of Texas · Decided October 10, 2018

in Re John F. Hawkins

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00371-CR ____________________ IN RE JOHN F. HAWKINS ________________________________________________________________________ Original Proceeding 163rd District Court of Orange County, Texas Trial Cause No. B-030731-BR ________________________________________________________________________ MEMORANDUM OPINION John F. Hawkins seeks mandamus relief from the trial court in connection with a post-conviction habeas corpus proceeding. See Tex. R. App. P. 52. The Court of Criminal Appeals exclusively possesses the authority to grant relief in a post- conviction habeas corpus proceeding where there is a final felony conviction. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig. proceeding). In recognition of the exclusive jurisdiction of the Court of Criminal Appeals and the mandamus authority exercised by that court in the protection of its habeas jurisdiction, we will not act on a mandamus petition filed to compel the trial court to act in a proceeding under Article 11.07 of the Texas Code of Criminal Procedure. In re McAfee, 53 S.W.3d 715, 717–18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding); see also Tex. Code Crim. Proc. Ann. art. 11.07 (West 2015). “Should an applicant find it necessary to complain about an action or inaction of the convicting court, the applicant may seek mandamus relief from the Court of Criminal Appeals.” McAfee, 53 S.W.3d at 718. Accordingly, we dismiss the petition for a writ of mandamus.

PETITION DISMISSED.

PER CURIAM

Submitted on October 9, 2018 Opinion Delivered October 10, 2018 Do Not Publish Before Kreger, Horton, and Johnson, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.