In Re: Ross Thomas Brantley, III v. the State of Texas ( 2024 )

DISMISS and Opinion Filed October 2, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01137-CR
Ex Parte ROSS THOMAS BRANTLEY, III
Original Proceeding from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F13-00014
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Reichek, and Justice Goldstein
Opinion by Chief Justice Burns
Before the Court is Ross Thomas Brantley III’s petition for writ of habeas
corpus. We lack jurisdiction to grant the relief relator seeks, and we dismiss the
proceeding for want of jurisdiction.
Relator was convicted of assault involving family violence on February 8,
2013. This Court modified the judgment of conviction and affirmed the judgment
as modified. Brantley v. State, No. 05-13-00225-CR, 2014 WL 545514 (Tex.
App.—Dallas Feb. 10, 2014, no pet.) (mem. op; not designated for publication). The
mandate issued May 27, 2014.
On June 25, 2024, relator filed “Motion for leave to file Petition for Writ of
Habeas Corpus” in the United States District Court for the Northern District of
Texas. On September 26, 2024, that document was filed in this Court after appellant
told the federal court, “The pleadings that was done was intended Your Honor to go
to the Court of Appeals of Texas Fifth District at the George L. Allen Sr. Courts
Building.” Relator requests that we find he received ineffective assistance of
counsel, that his right to a speedy trial was violated, and that he was granted a new
trial. He asks that we vacate his conviction and sentence or that we bench warrant
him to the trial court “to have conviction corrected or set aside in the interest of
justice what he is entitled in the law or equity.”
We do not have jurisdiction to consider an original application for writ of
habeas corpus filed in a criminal proceeding. See TEX. GOV’T CODE ANN.
§ 22.221(d) (court of appeals has jurisdiction to issue writ of habeas corpus “in a
civil case”); In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.]
2016 orig. proceeding) (per curiam). The Texas Court of Criminal Appeals, and not
this Court, has exclusive jurisdiction in final, post-conviction felony proceedings.
TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); Ater v. Eighth Ct. of Appeals, 802
S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (“We are the only court
with jurisdiction in final post-conviction felony proceedings.”).
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We dismiss this proceeding for want of jurisdiction.
/Robert D. Burns, III/
ROBERT D. BURNS, III
Do Not Publish CHIEF JUSTICE
TEX. R. APP. P. 47.2(b)
241137F.U05
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