In re Douglas Eugene Miles

Summary

The Ninth Court of Appeals of Texas dismissed Douglas Eugene Miles’s original petition for a writ of habeas corpus for lack of jurisdiction. The court held that intermediate courts of appeals lack original habeas jurisdiction over criminal matters and that Texas Code of Criminal Procedure article 11.07 provides the exclusive procedure for felony post-conviction challenges. The court also concluded that Miles’s references to a writ of error, quo warranto, and notice of appeal did not establish an appealable proceeding.

Holdings

1. An intermediate court of appeals lacks original habeas corpus jurisdiction in criminal matters; its habeas jurisdiction is appellate only.
2. Texas Code of Criminal Procedure article 11.07 provides the exclusive procedure for a defendant convicted of a felony and sentenced to a prison term to challenge the conviction through habeas corpus.
3. Labeling the filing as a writ of error, quo warranto complaint, or notice of appeal does not create jurisdiction to challenge criminal confinement or a criminal conviction in the court of appeals absent an appealable trial-court order.

Questions Presented

1. Whether the court of appeals has original habeas corpus jurisdiction to review a criminal conviction.
2. Whether Texas Code of Criminal Procedure article 11.07 provides the exclusive procedure for a felony defendant sentenced to prison to challenge the conviction.
3. Whether Miles's characterizations of the filing as a writ of error, quo warranto complaint, or notice of appeal supplied an alternative basis for jurisdiction.

Disposition

dismissed