in Re Freddie Lee Myles ( 2021 )

Opinion issued May 18, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-21-00090-CR
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IN RE FREDDIE LEE MYLES, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator, Freddie Lee Myles, has filed a pro se petition for writ of habeas
corpus, claiming that he was arrested and jailed without probable cause for his
arrest.1
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The underlying case is The State of Texas v. Freddie Lee Myles, cause number
1623819, pending in the 183rd District Court of Harris County, Texas, the
Honorable Chuck Silverman, presiding.
This Court has the power to issue writs of habeas corpus when the restraint of
liberty is by virtue of an order issued by a court for violation of an order or judgment
rendered by a judge or court in a civil case. See TEX. GOV’T CODE § 22.221(c). But
we lack jurisdiction to issue a writ of habeas corpus in a criminal case and
accordingly, we must dismiss this petition for lack of jurisdiction. See, e.g., In re
Buchanan, No. 01-19-00378-CR, 2019 WL 3127092, at *1 (Tex. App.—Houston
[1st Dist.] July 16, 2019, orig. proceeding) (dismissing petition for writ of habeas
corpus because court lacks original habeas corpus jurisdiction in criminal cases).
We dismiss the petition. Any pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Kelly, Landau, and Hightower.
Do not publish. TEX. R. APP. P. 47.2(b).
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