In Re: James McCoy v. the State of Texas ( 2024 )

DISMISSED and Opinion Filed July 26, 2024
S In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00734-CV
IN RE JAMES MCCOY, Relator
Original Proceeding from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F02-02115
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Breedlove
Opinion by Justice Carlyle
In 2005, relator was convicted of aggravated sexual assault of a child under
fourteen and sentenced to thirty-five years’ confinement and a $10,000 fine. Before
the Court is relator’s June 17, 2024 petition for writ of mandamus. Relator, who is
proceeding pro se, asks this Court to compel Dallas County District Clerk Felicia
Pitre to file relator’s Motion to Compel Dallas County District Court to File/Docket
Motion for Grand Jury Minutes.
This Court may issue a writ of mandamus against a district clerk only as
necessary to enforce the jurisdiction of the Court. See TEX. GOV’T CODE § 22.221(a).
Relator acknowledges the limits of our jurisdiction, but he contends that his motion
is necessary to an article 11.07 proceeding and thus is necessary to enforce our
jurisdiction.
We disagree. This Court has no jurisdiction over an article 11.07 petition for
writ of habeas corpus; the matter proceeds initially before the trial court and then to
the Court of Criminal Appeals. Padieu v. Court of Appeals of Tex., Fifth Dist., 392
S.W.3d 115, 117–18 (Tex. Crim. App. 2013) (orig. proceeding). We do not have
jurisdiction to issue writs of mandamus in criminal law matters pertaining to article
11.07 proceedings. See TEX. CODE CRIM. PROC. art. 11.07, § 5; In re Mooney, No. 05-
07-01348-CV, 2007 WL 3054284, at *1 (Tex. App.—Dallas Oct. 22, 2007, orig.
proceeding) (mem. op.) (dismissing for want of jurisdiction inmate’s petition for writ
of mandamus when inmate requested Court to compel district clerk to file a motion
relating to inmate’s application for writ of habeas corpus pursuant to article 11.07).
Thus, we lack jurisdiction to compel the district clerk to file relator’s motion. Cf.
TEX. CONST. art. V, § 5(c) (Court of Criminal Appeals has the power to issue writs
of mandamus in criminal law matters).
Accordingly, we dismiss relator’s petition for want of jurisdiction.
/Cory L. Carlyle/
CORY L. CARLYLE
240734F.P05 JUSTICE
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