in Re: Norman Joseph Landry ( 2022 )

Dismissed and Opinion Filed April 26, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00246-CV
IN RE NORMAN JOSEPH LANDRY, Relator
Original Proceeding from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-00932-2022
MEMORANDUM OPINION
Before Justices Osborne, Partida-Kipness, and Smith
Opinion by Justice Partida-Kipness
Before the Court are Norman Joseph Landry’s March 21, 2022 “Motion for
Writ of Habeas Corpus 13.102,” and March 24, 2022 “Writ of Habeas Corpus
Seeking Reversal of Extradition and Discharge from Custody.” We construe these
files as original petitions for writ of habeas corpus. In these petitions, Landry seeks
to overturn the trial court’s order denying Landry’s application for writ of habeas
corpus challenging his pending extradition to stand trial in Rhode Island. Relator
also appealed the trial court’s determination. That appeal is pending in this Court in
Ex parte Norman Joseph Landry, Cause No. 05-22-00181-CR.
This Court does not have original jurisdiction to consider petitions seeking
habeas relief generated in connection with criminal proceedings. See TEX. CODE
CRIM. PROC. art. 11.05; TEX. GOV’T CODE § 22.221(d); In re Spriggs, 528 S.W.3d
234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); In re Ayers, 515 S.W.3d
356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per curiam);
see also In re Thomas, 05-14-01320-CV, 2014 WL 6546580, at *1 (Tex. App.—
Dallas Oct. 23, 2014, orig. proceeding) (mem. op.). Accordingly, we dismiss the
petitions for writ of habeas corpus for want of jurisdiction.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
220246F.P05
–2–