Ex Parte Billy Ray Evans ( 2010 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-10-00084-CV

Ex parte Billy Ray Evans

Original Proceeding

MEMORANDUM  Opinion

            The petition for writ of habeas corpus is denied.

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

(Petitioner seeks a bail reduction by his petition for writ of habeas corpus.  Chief Justice Gray would dismiss the petition for writ of habeas corpus because we have no jurisdiction to grant such a writ, much less when the petition is filed against a sheriff outside our geographic jurisdiction, Dallas County.  Accordingly, Chief Justice Gray respectfully dissents to the denial of the petition.)

Petition denied

Opinion delivered and filed April 7, 2010

[OT06]

the Ninth Court of Appeals and then transferred to us under a transfer order issued by the Supreme Court of Texas. Subsequently, a judgment nunc pro tunc was filed in both causes attempting to vacate the judgment in cause number 6354 and enter judgment in cause number 6357. Notice of appeal from that judgment was tendered to us, along with a new filing fee.

      On December 20, 2000, we informed the parties of our concern about jurisdiction over this appeal. Specifically, we raised a question as to whether this court or the Ninth Court of Appeals maintained jurisdiction over this appeal. In response to our letter concerning jurisdiction, the appellant filed a new notice of appeal with the Ninth Court of Appeals. The Ninth Court of Appeals acknowledged the filing of the notice of appeal and docketed the case. They are awaiting the dismissal of our case before proceeding.

      After the new case was filed in the Ninth Court, we sent a letter to the parties stating that the appeal pending before us would be dismissed for want of jurisdiction unless objections were made. No objections have been made. Thus, this cause is dismissed for want of jurisdiction. The record will be forwarded to the Ninth Court of Appeals upon the issuance of our mandate, which shall issue forthwith. Tex. R. App. P. 18.1(c).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed March 14, 2001

Do not publish