in Re Phillip Jackson ( 2015 )

NUMBER 13-15-00290-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE PHILLIP JACKSON
On Petition for Writ of Habeas Corpus.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Longoria
Memorandum Opinion Per Curiam1
On July 6, 2015, relator Phillip Jackson, proceeding pro se, filed a petition for writ
of habeas corpus through which he seeks release from incarceration. Following a jury
trial, relator was convicted of assault involving family violence. Relator contends that his
resulting incarceration is illegal because he received ineffective assistance of counsel and
the trial court committed errors during the course of his trial.
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
The purpose of a habeas corpus proceeding is not to determine the ultimate guilt
or innocence of the relator, but only to ascertain whether the relator has been unlawfully
confined. Ex parte Gordon, 584 S.W.2d 686, 688 (Tex. 1979). In a habeas corpus
proceeding, the order or judgment being challenged is presumed to be valid. In re R.E.D.,
278 S.W.3d 850, 855 (Tex. App.—Houston [1 Dist.] 2009, orig. proceeding); In re Turner,
177 S.W.3d 284, 288 (Tex. App.—Houston [1st Dist.] 2005, orig. proceeding); Ex parte
Occhipenti, 796 S.W.2d 805, 809 (Tex. App.—Houston [1st Dist.] 1990, orig. proceeding).
In order to obtain relief by habeas corpus, the relator must establish that the underlying
order is void because of a lack of jurisdiction or because the relator was deprived of liberty
without due process of law. In re Turner, 177 S.W.3d at 288; In re Butler, 45 S.W.3d 268,
270 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). The relator bears the burden
of showing that he is entitled to relief. In re Munks, 263 S.W.3d 270, 272–73 (Tex. App.—
Houston [1st Dist.] 2007, orig. proceeding); In re Turner, 177 S.W.3d at 288. The writ of
habeas corpus is an extraordinary writ that should not be entertained when there is an
adequate remedy by appeal. Ex parte Weise, 55 S.W.3d 617, 619 (Tex. Crim. App.2001);
Ex parte Drake, 212 S.W.3d 822, 824 (Tex. App.—Austin 2006, pet. ref'd).
The form and requirements for an original appellate proceeding seeking
extraordinary relief, such as a petition for writ of habeas corpus, are delineated by the
Texas Rules of Appellate Procedure. See generally TEX. R. APP. P. 52. In addition to
other requirements, the relator must include a statement of facts supported by citations
to “competent evidence included in the appendix or record,” and must also provide “a
clear and concise argument for the contentions made, with appropriate citations to
authorities and to the appendix or record.” See generally TEX. R. APP. P. 52.3. In this
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regard, it is clear that relator must furnish an appendix or record sufficient to support the
claim for relief. See id. R. 52.3(k) (specifying the required contents for the appendix); R.
52.7(a) (specifying the required contents for the record).
The Court, having examined and fully considered the petition for writ of habeas
corpus and the applicable law, is of the opinion that relator has not met his burden to
obtain relief. Accordingly, relator’s petition for writ of habeas corpus and all other relief
requested herein is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
7th day of July, 2015.
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