In re Jody Levis Johnson

Summary

The Fifth District Court of Appeals of Texas denied Jody Levis Johnson’s petition for writ of mandamus challenging the trial court’s dismissal of his petition for habeas relief under Texas Code of Criminal Procedure article 11.07. The court held that the petition failed to comply with Texas Rule of Appellate Procedure 52 and noted that only the Texas Court of Criminal Appeals has jurisdiction to grant article 11.07 habeas relief.

Holdings

1. A relator seeking mandamus relief in a criminal case must show that the trial court violated a ministerial duty and that the relator has no adequate remedy at law; Johnson failed to make that showing.
2. Only the Texas Court of Criminal Appeals has jurisdiction to grant habeas relief under Texas Code of Criminal Procedure article 11.07.

Questions Presented

1. Whether the relator established entitlement to mandamus relief by showing a violation of a ministerial duty and the absence of an adequate remedy at law.
2. Whether the court of appeals could grant article 11.07 habeas relief.
3. Whether the mandamus petition complied with Texas Rule of Appellate Procedure 52.

Disposition

writ_denied