in Re Jeremiah Dunnigan ( 2022 )


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  •        TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-22-00044-CV
    In re Jeremiah Dunnigan
    ORIGINAL PROCEEDING FROM GAINES COUNTY
    MEMORANDUM OPINION
    Relator Jeremiah Dunnigan filed a pro se original petition for writ of habeas
    corpus. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1. Relator complains that he
    has been unlawfully confined prior to trial.
    As an intermediate appellate court, we may issue writs of habeas corpus against a
    district judge or county judge only sitting in our district, or to enforce our jurisdiction. See Tex.
    Gov't Code § 22.221. We lack jurisdiction to issue the requested writ against the respondent,
    listed as the 106th District Court of Gaines County, because this Court neither has jurisdiction
    over the district courts of Gaines County nor is such a writ necessary to enforce this Court’s
    appellate jurisdiction. See Tex. Gov’t Code § 22.221(a), (b)(1); see also id. § 22.201(d) (listing
    the counties composing the Third Court of Appeal District). The Eleventh Court of Appeals in
    Eastland has jurisdiction over Gaines County district courts. See Tex. Gov’t Code § 22.201(l),
    22.205(a). Accordingly, we dismiss relator’s application for writ of habeas corpus for want of
    jurisdiction. See Tex. R. App. P. 52.8(a).
    __________________________________________
    Melissa Goodwin, Justice
    Before Justices Goodwin, Baker, and Triana
    Filed: February 11, 2022
    2
    

Document Info

Docket Number: 03-22-00044-CV

Filed Date: 2/11/2022

Precedential Status: Precedential

Modified Date: 2/15/2022