in Re John Collier Jr. ( 2012 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
_________________
NO. 09-12-00584-CR
_________________
IN RE JOHN COLLIER JR.
________________________________________________________________________
Original Proceeding
________________________________________________________________________
MEMORANDUM OPINION
John Collier Jr. filed a petition for writ of mandamus, in which he contends the
District Clerk in the county of the convicting court has unreasonably rejected his petition
for writ of habeas corpus. The Texas Government Code expressly limits our mandamus
jurisdiction to (1) writs necessary to enforce the jurisdiction of the court of appeals and
(2) writs against district or county court judges within the court of appeals’ district. Tex.
Gov’t Code Ann. § 22.221 (West 2004). We have no jurisdiction to issue a writ of
mandamus against a district clerk unless that action is necessary to enforce our
jurisdiction. See id. Collier is seeking post-conviction relief from a final felony
conviction, which does not implicate the jurisdiction of this Court. See Tex. Code Crim.
Proc. Ann. art. 11.07 (West Supp. 2012). Under these circumstances, mandamus relief
1
must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718
(Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we deny the
petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Opinion Delivered December 19, 2012
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.
2