in Re: Jody Levis Johnson ( 2022 )

DENY and Opinion Filed December 2, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01250-CV
IN RE JODY LEVIS JOHNSON, Relator
Original Proceeding from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. W94-53385-P
MEMORANDUM OPINION
Before Justices Reichek, Nowell, and Goldstein
Opinion by Justice Nowell
In his petition for writ of mandamus, relator appears to challenge the trial
court’s dismissal of his petition for article 11.07 habeas relief. We deny the petition.
To establish a right to mandamus relief in a criminal case, the relator must
show that the trial court violated a ministerial duty and there is no adequate remedy
at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig.
proceeding). Here, the mandamus petition does not comply with Rule 52 in
numerous respects, and, in any event, only the Texas Court of Criminal Appeals has
jurisdiction to grant article 11.07 habeas relief. See TEX. CODE CRIM. PROC. ANN.
art. 11.07, §§ 3, 5; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.
App. 1991) (orig. proceeding). Because we conclude that relator failed to show his
entitlement to mandamus relief, we deny the petition. See TEX. R. APP. P. 52.8(a).
221250f.p05 /Erin A. Nowell//
ERIN A. NOWELL
JUSTICE
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