In Re: James Draucker v. the State of Texas ( 2023 )

DISMISSED and Opinion Filed March 29, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00114-CV
IN RE JAMES DRAUCKER, Relator
Original Proceeding from the County Court at Law No. 1
Rockwall County, Texas
Trial Court Cause No. WR1-22-0006
MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Kennedy
Opinion by Justice Kennedy
In this original proceeding, James Draucker has filed three petitions seeking
original habeas relief from this Court in connection with his pending extradition to
the State of Pennsylvania. Relator has also filed a motion seeking appointment of
counsel. In a previous proceeding, the Court affirmed the trial court’s order denying
habeas relief on relator’s extradition. See Ex parte Draucker, No. 05-22-00615-CR,
2022 WL 6935605 (Tex. App.—Dallas Oct. 12, 2022, pet. ref’d) (mem. op., not
designated for publication). The Court issued its mandate on the extradition appeal
on February 15, 2023.
This Court does not have original jurisdiction to consider petitions seeking
habeas relief generated in connection with criminal proceedings. See TEX. CODE
CRIM. PROC. ANN. art. 11.05; TEX. GOV’T CODE ANN. § 22.221(d); In re Spriggs, 528
S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); In re Ayers, 515
S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per
curiam); see also In re Thomas, 05-14-01320-CV, 2014 WL 6546580, at *1 (Tex.
App.—Dallas Oct. 23, 2014, orig. proceeding) (mem. op.).
Accordingly, we deny the motion seeking appointment of counsel, and we
dismiss the petitions for want of jurisdiction.
/Nancy Kennedy/
NANCY KENNEDY
JUSTICE
230114F.P05
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