Ex Parte James McCracken, III ( 2010 )

MEMORANDUM OPINION
No. 04-10-00712-CR
EX PARTE James MCCRACKEN
Original Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: October 20, 2010
PETITION FOR WRIT OF HABEAS CORPUS DENIED
On October 5, 2010, relator James McCracken, III filed an original petition for writ of
habeas corpus in this court. However, as an intermediate court of appeals this court is not
authorized to grant the relief requested. Pursuant to section 22.221(d) of the Texas Government
Code, in civil matters, a court of appeals “may issue a writ of habeas corpus when it appears that
the restraint of liberty is by virtue of an order, process, or commitment issued by a court or judge
because of the violation of an order, judgment, or decree previously made, rendered, or entered
by the court or judge in a civil case.” TEX. GOV’T CODE ANN. § 22.221(d) (Vernon 2004).
However, in criminal matters, a court of appeals has no original habeas corpus jurisdiction.
1
This proceeding arises out of Cause No. 2009-CR-10559-B, styled State of Texas v. James McCracken,
III, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl
presiding.
04-10-00712-CR
Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref’d); Dodson v. State,
988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.). In criminal matters, the courts
authorized to issue writs of habeas corpus are the Texas Court of Criminal Appeals, the district
courts, and the county courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (Vernon 2005).
Therefore, we dismiss this petition for writ of habeas for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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