in Re: Jerrico Provost ( 2008 )


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  •                                        NO. 12-08-00283-CR
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    §
    IN RE: JERRICO PROVOST,
    RELATOR                                                    §    ORIGINAL PROCEEDING
    §
    MEMORANDUM OPINION
    PER CURIAM
    Jerrico Provost seeks habeas relief from this court complaining that the Texas Department
    of Criminal Justice has illegally incarcerated him while he is on parole without any new crime or
    charge, sentence, or conviction. We dismiss for want of jurisdiction.
    The original habeas jurisdiction of the courts of appeals is limited to those cases in which a
    person's liberty is restrained because the person has violated an order, judgment, or decree entered
    in a civil case. TEX . GOV 'T CODE ANN . § 22.221(d) (Vernon 2004). Stated another way, courts of
    appeals do not have original habeas corpus jurisdiction in criminal law matters. See 
    id. Because the
    underlying cause is a criminal case, we are without jurisdiction to grant the requested habeas relief.
    Accordingly, Provost’s application for writ of habeas corpus is dismissed for want of jurisdiction.
    Opinion delivered June 30, 2008.
    Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
    (DO NOT PUBLISH)
    

Document Info

Docket Number: 12-08-00283-CR

Filed Date: 6/30/2008

Precedential Status: Precedential

Modified Date: 9/10/2015