Ex Parte David Lester Grohoske

IN THE
TENTH COURT OF APPEALS
No. 10-22-00290-CR
EX PARTE DAVID LESTER GROHOSKE
Original Proceeding
From the 82nd District Court
Falls County, Texas
Trial Court No. 11021
MEMORANDUM OPINION
David Lester Grohoske asks that we grant and issue a writ of habeas corpus
pursuant to article 11.15 of the Texas Code of Criminal Procedure (writ granted without
delay) and released on bail pursuant to 17.151 of The Texas Code of Criminal Procedure
(release because of delay) because he is illegally confined and restrained in his liberty in
the Falls County Jail.
Grohoske is correct that a writ of habeas corpus is the remedy to be used when
any person's liberty is restrained, and it is issued by a court or judge of competent
jurisdiction. TEX. CODE CRIM. PROC. art. 11.01. Jurisdiction to grant a writ of habeas
corpus in a criminal case vests with the Court of Criminal Appeals, the district courts, the
county courts, or any judge in those courts. See TEX. CODE CRIM. PROC. art. 11.05; Ex parte
Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding). Thus, courts
of appeals, such as this Court, have no original habeas-corpus jurisdiction in criminal
matters. Id. See also In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig.
proceeding); In re Ayers, 515 S.W.3d 356 (Tex. App.—Houston [14th Dist.] 2016, orig.
proceeding).
Because this Court does not have original habeas corpus jurisdiction, we cannot
rule on Grohoske's requests. Accordingly, we dismiss this proceeding.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Original proceeding dismissed
Opinion delivered issued and filed September 14, 2022
Do not publish
[OT06]
Ex parte Grohoske Page 2