Ex Parte: Michael Joseph Kearns ( 1994 )

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-94-439-CV





EX PARTE: MICHAEL JOSEPH KEARNS,

RELATOR

HABEAS CORPUS PROCEEDING FROM TRAVIS COUNTY

PER CURIAM

Relator Michael Joseph Kearns has filed an application for writ of habeas corpus seeking discharge from the custody of the sheriff of Williamson County, pursuant to article 17.151 of the Texas Code of Criminal Procedure. Tex. Code Crim. Proc. Ann. art. 17.151 (West Supp. 1994); see Tex. R. App. P. 120. This Court may issue a writ of habeas corpus only "when it appears that the restraint of liberty is by virtue of an order, process, or commitment issued . . . because of a violation of an order, judgment, or decree previously made, rendered, or entered . . . in a civil proceeding." Tex. Gov't Code Ann. § 22.221(d) (West Supp. 1994) (emphasis added). Because the proceeding underlying this original proceeding is a criminal matter, we have no jurisdiction to issue the writ. The petition for writ of habeas corpus is denied. See Tex. R. App. P. 120(d).

Before Justices Jones, Kidd and B. A. Smith

Petition for Writ of Habeas Corpus Denied

Filed: August 31, 1994

Do Not Publish