In re Dedrick Dean Matthews

No. 12-21-00028-CR (Tex. App.—Tyler Mar. 18, 2021) (per curiam) (mem. op.) · Court of Appeals of Texas, Twelfth District · March 18, 2021 · No. 12-21-00028-CR

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

  1. 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.
  2. 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

  1. 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.
  2. 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 PDF
Loading document…