in Re William Durham ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00256-CR
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IN RE WILLIAM DURHAM
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Original Proceeding
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MEMORANDUM OPINION
William Durham petitioned for a writ of mandamus, in which he asks that
the court compel the District Clerk of Liberty County, Texas to process his
application for a post-conviction writ of habeas corpus. See generally Tex. Code
Crim. Proc. Ann. art. 11.07 (West 2015). The petition does not invoke this Court’s
mandamus jurisdiction. See Tex. Gov’t Code Ann. § 22.221 (West 2004) (A court
of appeals may issue a writ of mandamus against a judge of a district or county
court in the court’s district, or issue a writ that is necessary to enforce the
jurisdiction of the court.); see also Padieu v. Court of Appeals of Tex., Fifth Dist.,
392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (instructing that the Texas Court of
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Criminal Appeals possesses sole authority to grant relief in a post-conviction
habeas corpus proceeding filed in state court). Accordingly, we dismiss the petition
for writ of mandamus.
PETITION DISMISSED.
PER CURIAM
Submitted on July 14, 2015
Opinion Delivered July 15, 2015
Do Not Publish
Before Kreger, Horton, and Johnson, JJ.
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