in Re Derrick Lamont Bailey, Jr.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00432-CV
In re Derrick Lamont Bailey, Jr.
ORIGINAL PROCEEDING FROM BELL COUNTY
MEMORANDUM OPINION
Derrick Lamont Bailey, Jr. filed a pro se application for a pretrial writ of habeas
corpus. However, this Court does not have original habeas jurisdiction in criminal cases. See
Tex. Gov’t Code § 22.221(d) (limiting original habeas jurisdiction of courts of appeals to civil
cases); see also Tex. Code Crim. Proc. art. 11.05 (“The Court of Criminal Appeals, the District
Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of habeas
corpus; and it is their duty, upon proper motion, to grant the writ under the rules prescribed by
law.”); In re Fuchs, No. 03-16-00012-CV, 2016 Tex. App. LEXIS 3737, at *1-2 (Tex. App.—
Austin Apr. 13, 2016, orig. proceeding) (dismissing original habeas application for want of
jurisdiction). Accordingly, we dismiss Bailey’s application for want of jurisdiction.
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Gisela D. Triana, Justice
Before Chief Justice Rose, Justices Goodwin and Triana
Filed: June 28, 2019