Court of Civil Appeals of Texas, 2024

In Re Johnetta Shanell Lillie Pugh v. the State of Texas

In Re Johnetta Shanell Lillie Pugh v. the State of Texas
Court of Civil Appeals of Texas · Decided May 8, 2024

In Re Johnetta Shanell Lillie Pugh v. the State of Texas

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-24-00111-CR __________________

IN RE JOHNETTA SHANELL LILLIE PUGH __________________________________________________________________ Original Proceeding 252nd District Court of Jefferson County, Texas Trial Cause No. F-2239902 __________________________________________________________________ MEMORANDUM OPINION In an original proceeding filed in this Court, Christopher Wiley petitioned for the issuance of a writ of habeas corpus on the application of Johnetta Shanell Lillie Pugh. See Tex. Code Crim. Proc. Ann. art. 11.13(b) (“An application for a writ of habeas corpus may be signed and presented on behalf of an applicant by any person, who shall be referred to as the petitioner.”). The petition seeks Pugh’s release from the custody of the Jefferson County Sheriff at the Jefferson County Jail, where Pugh allegedly is being held on an arrest warrant out of the 252nd District Court of Jefferson County, Texas.

The Clerk of the Court issued a notice that the Court would dismiss the original proceeding for lack of jurisdiction unless, by April 10, 2024, the Court received a response that shows grounds for this Court to exercise original or appellate jurisdiction. No response has been filed.

A Court of Appeals is not one of the courts with the authority to issue a writ of habeas corpus in a criminal case. See Tex. Code Crim. Proc. Ann. art. 11.05. Our original jurisdiction to issue a writ of habeas corpus is limited to contempt orders in civil cases. See Tex. Gov’t Code Ann. § 22.221(d). Pugh has not identified a final judgment or an appealable order from which Pugh might perfect a timely appeal at this time. See Tex. Code Crim. Proc. Ann. art. 44.02; see also Tex. R. App. P. 25.2.

Neither our original jurisdiction nor our appellate jurisdiction is implicated in the habeas corpus petition filed with this Court. Accordingly, we dismiss the petition for lack of jurisdiction.

PETITION DISMISSED.

PER CURIAM Submitted on May 7, 2024 Opinion Delivered May 8, 2024 Do Not Publish Before Golemon, C.J., Horton and Wright, JJ.

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