Ex Parte Clarence Kirkwood, III ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-269 CR NO. 09-06-270 CR ____________________

EX PARTE CLARENCE KIRKWOOD, III

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause Nos. 2105 (95078) and 2106 (95078)

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MEMORANDUM OPINION

On April 28, 2006, and May 10, 2006, the trial court denied Clarence Kirkwood, III's applications for writ of habeas corpus without conducting an evidentiary hearing or issuing the writs of habeas corpus. We questioned our jurisdiction over the appeals. Kirkwood filed responses in which he concedes that the trial court did not rule on the merits of his applications for writ of habeas corpus.

No appeal lies from the refusal to issue writ of habeas corpus unless the trial court conducts an evidentiary hearing on the merits of the application. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Noe v. State, 646 S.W.2d 230 (Tex. Crim. App. 1983). In these cases, the trial court did not address the merits of Kirkwood's petitions. The trial court did not issue writs of habeas corpus, nor did the court conduct an evidentiary hearing on the applications for the writ. Compare Ex parte Silva, 968 S.W.2d 367 (Tex. Crim. App. 1998); Ex parte McCullough, 966 S.W.2d 529 (Tex. Crim. App. 1998). We hold we have no jurisdiction over these appeals. Accordingly, it is ordered that the appeals be dismissed for want of jurisdiction.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered August 9, 2006

Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.