Unreported / Non-Citable
Background
Erica Nicole Monique Jenkins submitted another document to the Texas Tenth Court of Appeals seeking relief from jail confinement arising from an incident involving the Bryan Police Department.
The court considered and filed the document as an original application for a writ of habeas corpus.
The Court’s Holding
The court held that it lacked jurisdiction to grant Jenkins’s requested relief. Under Texas Code of Criminal Procedure article 11.05, authority to issue a writ of habeas corpus in a criminal proceeding is limited to the Texas Court of Criminal Appeals, district courts, and county courts.
Because the Tenth Court of Appeals is an appellate court and therefore could not grant the requested writ, it dismissed Jenkins’s application for want of jurisdiction.
Key Takeaways
- The court considered and filed Jenkins’s submission as an original habeas application.
- A Texas intermediate appellate court lacks jurisdiction to issue a writ of habeas corpus in a criminal proceeding.
- The court dismissed the application for want of jurisdiction without deciding whether Jenkins was entitled to release.
Why It Matters
The decision underscores that a person seeking original habeas relief from criminal confinement in Texas must apply to a court authorized by article 11.05. Filing directly in an intermediate court of appeals cannot produce the requested relief because that court lacks power to grant the writ.