In re Thomas Blanchard

Summary

The Tenth Court of Appeals of Texas dismissed Thomas Blanchard’s original habeas corpus proceeding for want of jurisdiction. The court explained that original jurisdiction over criminal habeas proceedings is limited to the Texas Court of Criminal Appeals, district courts, and county courts, and that Blanchard had not alleged filing a habeas petition in the trial court.

Holdings

1. The Texas Court of Appeals lacked jurisdiction over Blanchard's original habeas corpus proceeding because original jurisdiction to issue a writ of habeas corpus in a criminal proceeding is limited to the Texas Court of Criminal Appeals, district courts, and county courts, and Blanchard sought direct relief from the court of appeals.

Questions Presented

1. Whether the Texas Court of Appeals has original jurisdiction to grant direct habeas corpus relief in a criminal proceeding when the applicant has not first sought relief in the trial court.

Disposition

dismissed