Court of Civil Appeals of Texas, 2022

in Re: Jody Levis Johnson

in Re: Jody Levis Johnson
Court of Civil Appeals of Texas · Decided December 2, 2022

in Re: Jody Levis Johnson

Opinion

DENY and Opinion Filed December 2, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01250-CV IN RE JODY LEVIS JOHNSON, Relator Original Proceeding from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. W94-53385-P MEMORANDUM OPINION Before Justices Reichek, Nowell, and Goldstein Opinion by Justice Nowell In his petition for writ of mandamus, relator appears to challenge the trial court’s dismissal of his petition for article 11.07 habeas relief. We deny the petition.

To establish a right to mandamus relief in a criminal case, the relator must show that the trial court violated a ministerial duty and there is no adequate remedy at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). Here, the mandamus petition does not comply with Rule 52 in numerous respects, and, in any event, only the Texas Court of Criminal Appeals has jurisdiction to grant article 11.07 habeas relief. See TEX. CODE CRIM. PROC. ANN. art. 11.07, §§ 3, 5; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.

App. 1991) (orig. proceeding). Because we conclude that relator failed to show his entitlement to mandamus relief, we deny the petition. See TEX. R. APP. P. 52.8(a).

221250f.p05 /Erin A. Nowell// ERIN A. NOWELL JUSTICE

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