In re Bryan Lacy Swisher

Summary

The Tenth Court of Appeals of Texas dismissed Bryan Lacy Swisher’s pro se application for a writ of habeas corpus for want of jurisdiction. The court held that intermediate appellate courts lack original habeas corpus jurisdiction in criminal matters and explained that such jurisdiction rests with specified trial courts and the Texas Court of Criminal Appeals.

Holdings

1. An intermediate court of appeals does not have original habeas corpus jurisdiction in criminal law matters; jurisdiction to grant a criminal habeas writ lies with the Court of Criminal Appeals, district courts, county courts, or a judge of one of those courts.

Questions Presented

1. Whether the Court of Appeals has original habeas corpus jurisdiction over a criminal habeas application.

Disposition

dismissed