Ex Parte: Patricia McMillion v. the State of Texas ( 2024 )

Dismiss and Opinion Filed October 2, 2024
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01105-CR
EX PARTE PATRICIA MCMILLION
Original proceeding from the 15th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 057504-15
MEMORANDUM OPINION
Before Justices Molberg, Breedlove, and Kennedy
Opinion by Justice Breedlove
Before the Court is Patricia McMillion’s document styled “Common Law
Writ Declaration of Entitlement to Article III Judiciary.” The document appears to
be an original proceeding seeking a post-conviction writ of habeas corpus and
mandamus relief against a clerk or court coordinator in Grayson County. We lack
jurisdiction to grant the relief relator seeks, and we dismiss the proceeding for want
of jurisdiction.
Relator was convicted of murder on June 10, 2009, and sentenced to eighty
years’ imprisonment. This Court affirmed her conviction on May 25, 2011, and this
Court’s mandate issued August 3, 2011. See McMillion v. State, No. 05-09-01014-
CR, 2011 WL 2028214 (Tex. App.—Dallas May 25, 2011, no pet.) (mem. op; not
designated for publication). In 2016, she filed a petition for writ of mandamus
challenging the portion of the judgment requiring her to pay $10,000 in fines and
court costs. We denied the petition for writ of mandamus. See In re McMillion, 05-
16-00007-CV, 2016 WL 145700 (Tex. App.—Dallas Jan. 12, 2016, orig.
proceeding).
In this proceeding, relator requests, inter alia, release from the Texas
Department of Criminal Justice and the vacating of the 2009 judgment. 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). Relator’s complaint falls within the scope of a post-conviction writ of
habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. See
TEX. CODE CRIM. PROC. ANN. art. 11.07, § 1. The Texas Court of Criminal Appeals,
and not this Court, has exclusive jurisdiction in final, post-conviction felony
proceedings. Id. 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.”).
To the extent relator may seek a writ of mandamus against a clerk or court
coordinator in Grayson County for failing to file a document seeking post-conviction
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relief, this Court may issue a writ of mandamus against a clerk or person other than
a judge only as necessary to enforce our jurisdiction. See TEX. GOV’T CODE ANN. §
22.221(a), (b). Because we have no jurisdiction in final post-conviction felony
proceedings, requiring the filing of a document related to relator’s conviction is not
necessary to enforce our jurisdiction. 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 a clerk or court coordinator
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).
To the extent relator seeks any other relief, the document she filed does not
show we have jurisdiction to grant the relief.
We dismiss this original proceeding for want of jurisdiction.
241105f.u05 /Maricela Breedlove/
Do Not Publish MARICELA BREEDLOVE
TEX. R. APP. P. 47.2(b) JUSTICE
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