In Re Willie Otis Harris v. the State of Texas
In Re Willie Otis Harris v. the State of Texas
Opinion
Court of Appeals Tenth Appellate District of Texas 10-25-00350-CR
In re Willie Otis Harris
Original Proceeding JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION Willie Otis Harris, proceeding pro se, filed a pre-trial application for writ of habeas corpus with this Court requesting that we declare his pre-trial detention unconstitutional and order his immediate release from custody or dismissal of his indictment.
Intermediate appellate courts do not have original habeas corpus jurisdiction in criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d).
Jurisdiction to grant a writ of habeas corpus in a criminal case vests with the Court of Criminal Appeals, the district courts, the county courts, or any judge in those courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05; Ex parte Braswell, 630 S.W.3d 600, 601-02 (Tex. App.—Waco 2021, orig. proceeding).
Accordingly, we dismiss Harris’s application for writ of habeas corpus for want of jurisdiction.
STEVE SMITH Justice OPINION DELIVERED and FILED: November 6, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do not publish OT06
In re Willie Otis Harris Page 2
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