in Re Edward Pruitt ( 2008 )

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MEMORANDUM OPINION
No. 04-08-00475-CR
IN RE Edward PRUITT
Original Habeas Corpus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: July 23, 2008
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On July 3, 2008, Edward Pruitt filed an original petition for a writ of habeas corpus in this
court. Pruitt represents that he is confined in jail awaiting trial and has not been prosecuted in a
timely manner. Thus, he seeks immediate release. This court, however, as an intermediate court of
appeals, is not authorized to grant the relief requested.
Pursuant to section 22.221(d) of the Texas Government Code, in civil matters, a court of
appeals “may issue a writ of habeas corpus when it appears that the restraint of liberty is by virtue
of an order, process, or commitment issued by a court or judge because of the violation of an order,
judgment, or decree previously made, rendered, or entered by the court or judge in a civil case.” TEX .
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This proceeding arises out of Cause No. 2007-CR-3195, styled The State of Texas v. Edward Pruitt, pending
in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.
04-08-00475-CR
GOV ’T CODE ANN . § 22.221(d) (Vernon 2004). However, in criminal matters, a court of appeals has
no original habeas corpus jurisdiction. Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo
2002, pet. ref’d); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex. App.—Waco 1999, orig. proceeding);
Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.). In criminal matters,
the courts authorized to issue writs of habeas corpus are the Texas Court of Criminal Appeals, the
district courts, and the county courts. See TEX . CODE CRIM . PROC. ANN . art. 11.05 (Vernon 2005).
Therefore, we dismiss this appeal for lack of jurisdiction.
PER CURIAM
Do not publish
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