Summary
The Twelfth Court of Appeals of Texas denied Dedrick Dean Matthews’s pro se petition for a writ of mandamus seeking to compel a district court to rule on his habeas corpus petition and overturn his felony bail-jumping conviction. The court held that postconviction challenges to a final felony conviction must proceed under Texas Code of Criminal Procedure article 11.07 and that the court of appeals lacked jurisdiction over those claims.
Holdings
- The court of appeals lacked jurisdiction over complaints that could be raised only through a postconviction habeas proceeding under Texas Code of Criminal Procedure article 11.07; only the convicting court and the Texas Court of Criminal Appeals have a role in such challenges.
- The petition for writ of mandamus should be denied because the requested relief required the court to grant postconviction habeas relief over which it had no jurisdiction.
Questions Presented
- Whether the Twelfth Court of Appeals had jurisdiction to grant mandamus relief concerning a postconviction challenge to a final felony conviction under Texas Code of Criminal Procedure article 11.07.
- Whether the court could order the respondent to issue habeas relief overturning Matthews's conviction and vacating his sentence.
Disposition
writ_denied
Cases Cited (6)
- Matthews v. State, No. 06-08-00076-CR, 2008 WL 4949245 (Tex. App.—Texarkana Nov. 21, 2008, no pet.) (mem. op., not designated for publication)(followed for procedural history)
- In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding)(followed)
- Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding)(followed)
- In re Brager, No. 12-20-00203-CR, 2020 WL 5552618, at *1–2 (Tex. App.—Tyler Sept. 16, 2020, orig. proceeding) (per curiam) (mem. op., not designated for publication)(followed)
- In re Colbert, No. 05-18-00340-CV, 2018 WL 1704149, at *1 (Tex. App.—Dallas Apr. 9, 2018, orig. proceeding) (mem. op.)(followed)
- Noble v. State, No. 05-17-01409-CR, 2017 WL 6547083, at *2 (Tex. App.—Dallas Dec. 22, 2017, no pet.) (mem. op., not designated for publication)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…