in Re: Joshua Cornell Skinner ( 2022 )

DISMISSED and Opinion Filed October 28, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01132-CV
IN RE JOSHUA CORNELL SKINNER, Relator
Original Proceeding from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F15-20176
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Partida-Kipness, and Justice Smith
Opinion by Chief Justice Burns
Before the Court is relator’s October 19, 2022 petition for writ of mandamus.
This Court previously affirmed, as modified, relator’s conviction for aggravated
sexual assault of a child under the age of fourteen. See Skinner v. State, No. 05-17-
00153-CR, 2018 WL 3545023, at *1 (Tex. App.—Dallas July 24, 2018, pet. ref’d)
(mem. op., not designated for publication). In his petition, relator contends that his
sentence is void, his constitutional rights were violated during his trial, his trial and
appellate counsel were ineffective, the trial court erred by overruling a motion for
directed verdict, the trial court erred by allowing “kidnapping” to be removed from
the jury charge, and he is being detained illegally. Relator requests this Court to
reverse his conviction and acquit relator.
We construe relator’s petition as a petition for writ of habeas corpus. See In
re Noble, No. 05-11-00975-CV, 2011 WL 3558802, at *1 (Tex. App.—Dallas Aug.
15, 2011, orig. proceeding) (mem. op.) (construing motion for leave to file writ of
mandamus wherein relator sought to “present his innocence” and to cease “being
unlawfully restrained” as a petition for writ of habeas corpus). This Court does not
have original jurisdiction to consider petitions seeking habeas relief generated in
connection with criminal convictions. See TEX. CODE CRIM. PROC. ANN. art. 11.05;
TEX. GOV’T CODE ANN. § 22.221(d); In re Neal, No. 05-22-01010-CV, 2022 WL
6935531, at *1 (Tex. App.—Dallas Oct. 12, 2022, orig. proceeding).
Accordingly, we dismiss relator’s petition for want of jurisdiction.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
221132F.P05
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