In re Bryant L. Woods

Summary

The First District Court of Appeals of Texas dismissed Bryant L. Woods’s petition for a writ of habeas corpus for lack of jurisdiction. The court held that Texas courts of appeals lack original habeas corpus jurisdiction in criminal matters and noted that Woods had not alleged filing an application in the trial court.

Holdings

1. Texas courts of appeals lack original habeas corpus jurisdiction in criminal matters; original jurisdiction to grant a criminal habeas writ is vested in the Texas Court of Criminal Appeals, district courts, county courts, or a judge of those courts.
2. A court of appeals must dismiss a criminal habeas petition seeking direct relief when the court lacks original habeas corpus jurisdiction.

Questions Presented

1. Whether the Texas Court of Appeals has original habeas corpus jurisdiction to grant direct relief in a criminal matter.
2. Whether the petition should be dismissed when the relator has not alleged that he first sought habeas relief in the trial court.

Disposition

dismissed