in Re Reginald Reece ( 2015 )


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  •                                    In The
    Court of Appeals
    Sixth Appellate District of Texas at Texarkana
    No. 06-15-00093-CR
    IN RE REGINALD D. REECE
    Original Mandamus Proceeding
    Before Morriss, C.J., Moseley and Carter,* JJ.
    Memorandum Opinion by Justice Carter
    __________________________________
    *Jack Carter, Justice, Retired, Sitting by Assignment
    MEMORANDUM OPINION
    Reginald D. Reece has filed a petition for writ of mandamus in which he asks this Court to
    order the District Clerk of Bowie County to transmit his writ of habeas corpus and related
    documents to the Texas Court of Criminal Appeals.
    This Court has jurisdiction to issue a writ of mandamus against “a judge of a district or
    county court in the court of appeals district.” TEX. GOV’T CODE ANN. § 22.221(b) (West 2004).
    This Court only has mandamus jurisdiction over the district clerk when the district clerk’s actions
    interfere with this Court’s jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a) (West 2004). We
    do not have jurisdiction over the district clerk in the context of this petition because courts of
    appeals have no original jurisdiction over petitions for habeas corpus relief in connection with
    criminal proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2015); TEX. GOV’T CODE
    ANN. § 22.221. In the absence of jurisdiction, we must deny the petition.
    We deny the petition for writ of mandamus.
    Jack Carter
    Justice
    Date Submitted:       June 3, 2015
    Date Decided:         June 4, 2015
    Do Not Publish
    2
    

Document Info

Docket Number: 06-15-00093-CR

Filed Date: 6/4/2015

Precedential Status: Precedential

Modified Date: 10/16/2015