in Re: Brian Kasey Embody

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-14-00093-CV
IN RE: BRIAN KASEY EMBODY
Original Mandamus Proceeding
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Brian Kasey Embody has filed a petition for writ of mandamus in which he asks this
Court to order the District Clerk of Upshur County to file his application for writ of habeas
corpus and place it before this Court.
This Court has jurisdiction to issue a writ of mandamus against a “judge of a district or
county court in the court of appeals district.” TEX. GOV’T CODE ANN. § 22.221(b) (West 2004).
This Court has mandamus jurisdiction over the district clerk only when the district clerk’s
actions interfere with this Court’s jurisdiction. See TEX. GOV’T CODE ANN. § 22.221 (West
2004). We do not have jurisdiction over the district clerk in the context of this petition because
the intermediate courts of appeals have no original jurisdiction over petitions for habeas corpus
relief in connection with criminal proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.05
(West 2005); TEX. GOV’T CODE ANN. § 22.221(d). In the absence of jurisdiction, we must deny
the petition.
We deny the petition for writ of mandamus.
Bailey C. Moseley
Justice
Date Submitted: November 25, 2014
Date Decided: November 26, 2014
2