in Re William Randy Suitor

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00079-CV
In re William Randy Suitor
ORIGINAL PROCEEDING FROM COMAL COUNTY
MEMORANDUM OPINION
Relator William Randy Suitor, an inmate in the Comal County Jail, filed a pro se
original petition for writ of habeas corpus. See Tex. Gov’t Code § 22.221; see also Tex. R. App.
P. 52.1. Relator complains that he has been unlawfully confined pursuant to a defective
indictment.
This Court does not have original habeas corpus jurisdiction in criminal cases.
See Tex. Const. art. V, § 6; Tex. Gov’t Code § 22.221(d) (limiting original habeas corpus
jurisdiction of courts of appeals to situations where relator’s liberty is restrained by virtue of
order, process, or commitment issued by court or judge in civil case); see also Tex. Code Crim.
Proc. art. 11.05 (vesting “power to issue the writ of habeas corpus” in “[t]he Court of Criminal
Appeals, the District Courts, the County Courts, or any Judge of said Courts”). As an
intermediate appellate court, our habeas corpus jurisdiction in criminal matters is appellate only.
See Tex. Gov’t Code § 22.221(d); see also In re Wilkins, No. 03-20-00381-CV, 2020 WL
5608486, at *1 (Tex. App.—Austin Sept. 17, 2020, orig. proceeding).
Accordingly, we dismiss relator’s application for writ of habeas corpus for want
of jurisdiction. See Tex. R. App. P. 52.8(a).
__________________________________________
Chari L. Kelly, Justice
Before Chief Justice Byrne, Justices Kelly and Smith
Filed: March 1, 2022
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