in Re Derick Duncan ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00347-CV
IN RE DERICK DUNCAN RELATOR
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ORIGINAL PROCEEDING
TRIAL COURT NO. 0713718D 0402719D
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MEMORANDUM OPINION1
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Relator seeks a writ of mandamus to compel Tarrant County District Clerk
Tom Wilder to transmit copies of Relator’s application for writ of habeas corpus,
any answers filed, the convicting court’s finding, and any related filings to the
Texas Court of Criminal Appeals in accordance with article 11.07 of the Texas
Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(c)
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See Tex. R. App. P. 47.4.
(West 2015). The intermediate courts of appeals have no authority to issue a
writ of mandamus against a district clerk unless the clerk is interfering with the
court’s jurisdiction. See Tex. Gov’t Code Ann. § 22.221 (West 2004) (providing
that intermediate courts of appeals may only issue writs of mandamus against
district and county judges or as necessary to enforce their jurisdiction); In re
Brooks, No. 02-11-00192-CV, 2011 WL 2436751, at *1 (Tex. App.—Fort Worth
June 15, 2011, orig. proceeding). The intermediate courts of appeals do not
have jurisdiction over matters related to article 11.07 applications for writs of
habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07, §§ 3, 5; In re
McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig.
proceeding) (“Article 11.07 contains no role for the courts of appeals; the only
courts referred to are the convicting court and the Court of Criminal Appeals.”).
As Relator does not raise a complaint that the district clerk is interfering
with this court’s jurisdiction, we dismiss his petition for writ of mandamus for lack
of jurisdiction. See In re Guajardo, No. 03-11-00821-CV, 2012 WL 254675, at *1
(Tex. App.—Austin Jan. 25, 2012, orig. proceeding) (dismissing relator’s petition
for writ of mandamus for lack of jurisdiction when relator sought to compel district
clerk to transmit habeas application and related filings to Court of Criminal
Appeals); In re Brooks, 2011 WL 2436751, at *1 (same).
Because we dismiss Relator’s petition for writ of mandamus for lack of
jurisdiction, we likewise dismiss his motion concerning Rule 2 of the Texas Rules
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of Appellate Procedure and his motion concerning the appointment of appellate
counsel.
PER CURIAM
PANEL: WALKER, GARDNER, and GABRIEL, JJ.
DELIVERED: November 12, 2015
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