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In re Brown

Court of Appeals of Texas, First District, Houston
Feb 22, 2007
No. 01-07-0093-CR (Tex. App. Feb. 22, 2007)

Opinion

No. 01-07-0093-CR

February 22, 2007. DO NOT PUBLISH. TEX. R. APP. P. 47.2(B).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices NUCHIA, KEYES, and HANKS.


MEMORANDUM OPINION


Relator, William Frank Brown, has filed with this Court a pro se petition for writ of mandamus, wherein he names two respondents. In his petition, Relator complains that the Texas Department of Criminal Justice has failed to file an answer to his post conviction petition for writ of habeas corpus, and that the District Clerk's Office has failed to forward his post conviction writ to the Court of Criminal Appeals. This Court has no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See Board of Pardons Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex.Crim.App. 1995); In re McAfee, 53 S.W.3d 715, 717-18 (Tex.App. — Houston [1st Dist.] 2001, orig. proceeding); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2006). The petition for writ of mandamus is dismissed for lack of jurisdiction.

Respondents are Larry LaFlore, Director of Classification, Texas Department of Criminal Justice and Charles Bacarisse, Harris County District Clerk.


Summaries of

In re Brown

Court of Appeals of Texas, First District, Houston
Feb 22, 2007
No. 01-07-0093-CR (Tex. App. Feb. 22, 2007)
Case details for

In re Brown

Case Details

Full title:IN RE WILLIAM FRANK BROWN, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: Feb 22, 2007

Citations

No. 01-07-0093-CR (Tex. App. Feb. 22, 2007)