in Re: Keith Nickerson ( 2013 )

DISMISS; and Opinion Filed December 16, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01692-CV
IN RE KEITH NICKERSON, Relator
Original Proceeding from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-9204999-NR
MEMORANDUM OPINION
Before Justices Moseley, Fillmore, and Brown
Opinion by Justice Fillmore
Relator files his petition for writ of mandamus seeking to compel the 265th Judicial
District Court and the Court of Criminal Appeals to rule on his writs of habeas corpus. The facts
and issues are well known to the parties, so we need not recount them herein. This Court does
not have mandamus jurisdiction over matters arising from post-conviction habeas corpus
proceedings. Only the convicting court and the Court of Criminal Appeals have jurisdiction in
such cases. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2005); In re Curry, No. 05-08-00064-
CV, 2008 WL 311018, at *1 (Tex. App.–Dallas Feb. 5, 2008, orig. proceeding) (mem. op.). This
Court does not have mandamus jurisdiction over the Texas Court of Criminal Appeals in any
event. TEX. GOV’T CODE ANN. § 22.221 (West 2004).
Accordingly, we DISMISS relator’s petition for writ of mandamus.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
131692F.P05
–2–