In Re John Davis Bernard Jr. v. the State of Texas ( 2023 )

Petition for Writ of Mandamus Dismissed and Memorandum Majority and
Dissenting Opinions filed August 31, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00623-CR
IN RE JOHN DAVIS BERNARD, JR., Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
185th District Court
Harris County, Texas
Trial Court Cause No. 1726657
MEMORANDUM MAJORITY OPINION
On August 24, 2023, relator John Davis Bernard, Jr. filed a petition for writ
of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R.
App. P. 52. In the petition, relator asks this court to dismiss the underlying criminal
case pending in the trial court against him.
Relator is seeking habeas-corpus relief in his mandamus petition. The courts
of appeal have no original habeas-corpus jurisdiction in criminal matters. In re
Ayers, 515 S.W.3d 356, 356 (Tex. App.―Houston [14th Dist.] 2016, orig.
proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original jurisdiction to
grant an application for a writ of habeas corpus in a criminal case is vested in the
Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in
those courts. Tex. Code Crim. Proc. Ann. art 11.05. Therefore, this court is without
jurisdiction to consider relator’s petition requesting habeas corpus relief.
Accordingly, relator’s petition is dismissed for want of jurisdiction.
PER CURIAM
Panel consists of Justices Wise, Bourliot, and Spain.
Do Not Publish — Tex. R. App. P. 47.2(b).
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