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Ex parte Nelson

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Aug 7, 2014
No. 10-14-00213-CR (Tex. App. Aug. 7, 2014)

Opinion

No. 10-14-00213-CR

08-07-2014

EX PARTE TERRY LEE NELSON


Original Proceeding

From the 13th District Court Navarro County, Texas
Trial Court No. 32,660-CR

MEMORANDUM OPINION

Terry Lee Nelson has filed a "motion for the reinstatement of appeal rights and discretionary review." In his motion, he seeks what is in effect post-conviction habeas relief, alleging actual innocence, ineffective assistance of counsel, and complaints about the trial court. He asks that we review his case, reinstate his appeal rights, and order a discretionary review.

The motion lacks proof of service. A copy of all documents presented to the Court must be served on all parties (i.e., the district attorney) and must contain proof of service. TEX. R. APP. P. 9.5, 52.2. To expedite this matter, we implement Rule of Appellate Procedure 2 to suspend these requirements. Id. 2.

An intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases. See Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.—Texarkana 2005, orig. proceeding) (citing TEX. CODE CRIM. PROC. ANN. art. 11.07(3)(a), (b) (Vernon 2005)); Self v. State, 122 S.W.3d 294, 294-95 (Tex. App.—Eastland 2003, no pet.) (same). The Court of Criminal Appeals and this court have recognized that "the exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to [article] 11.07." Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996); see Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex. App.—Waco 2006, no pet.). Furthermore, the courts of appeals do not have original habeas corpus jurisdiction in criminal law matters. Ex parte Hearon, 3 S.W.3d 650 (Tex. App.—Waco 1999, orig. proceeding) (citing Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); and Sanders v. State, 771 S.W.2d 645, 650 (Tex. App.— El Paso 1989, pet. ref'd)); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding).

Because we have no jurisdiction over what is in effect a post-conviction habeas corpus proceeding in a felony case, we dismiss Nelson's motion.

REX D. DAVIS

Justice
Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Dismissed
Opinion delivered and filed August 7, 2014
Do not publish
[OT06]
Ex parte Nelson


Summaries of

Ex parte Nelson

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Aug 7, 2014
No. 10-14-00213-CR (Tex. App. Aug. 7, 2014)
Case details for

Ex parte Nelson

Case Details

Full title:EX PARTE TERRY LEE NELSON

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Aug 7, 2014

Citations

No. 10-14-00213-CR (Tex. App. Aug. 7, 2014)