in Re Aaron Charles Hill ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00317-CR
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IN RE AARON CHARLES HILL
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Original Proceeding
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MEMORANDUM OPINION
Relator Aaron Charles Hill filed a petition for writ of mandamus, in which
he complains that the Clerk of the Ninth Court of Appeals failed to forward a copy
of his post-conviction application for writ of habeas corpus to the Court of
Criminal Appeals.1 The Clerk of the Court of Appeals has no role in forwarding
post-conviction habeas petitions to the Court of Criminal Appeals; rather, the clerk
of the convicting court must transmit the application to the Court of Criminal
Appeals. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(c) (West Supp. 2013). We
take judicial notice that the District Clerk of Jefferson County is Jane Birge, and
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This Court recently affirmed the trial court’s judgments of conviction. Hill
v. State, Nos. 09-13-00479-CR, 09-13-00480-CR, 2014 WL 3387383 (Tex. App.—
Beaumont July 9, 2014, no pet. h.).
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we consider this petition as if she had been named as the respondent. See Tex. R.
Evid. 201; Tex. R. App. P. 52.2.
Other than to protect our jurisdiction, this Court’s mandamus jurisdiction
does not extend to the District Clerk. See Tex. Gov’t Code Ann. § 22.221 (West
2004). The proceedings at issue are post-conviction matters that do not implicate
this Court’s jurisdiction. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a).
Mandamus relief in a post-conviction habeas proceeding 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
Submitted on August 19, 2014
Opinion Delivered August 20, 2014
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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