Opinion
14-23-00623-CR
08-31-2023
IN RE JOHN DAVIS BERNARD, JR., Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF MANDAMUS 185th District Court Harris County, Texas Trial Court Cause No. 1726657
Panel consists of Justices Wise, Bourliot, and Spain.
MEMORANDUM MAJORITY OPINION
PER CURIAM
On August 24, 2023, relator John Davis Bernard, Jr. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to dismiss the underlying criminal case pending in the trial court against him.
Relator is seeking habeas-corpus relief in his mandamus petition. The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356 (Tex. App.―Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov't Code Ann. § 22.221(d)). Original jurisdiction to grant an application for a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art 11.05. Therefore, this court is without jurisdiction to consider relator's petition requesting habeas corpus relief.
Accordingly, relator's petition is dismissed for want of jurisdiction.
MEMORANDUM DISSENTING OPINION
Charles A. Spain, Justice
On August 15, 2023, this court dismissed a July 7, 2023 filing in which "John Davis Junior: Bernard" petitioned "the Judges of the Court of Criminal Appeals" to review actions of the 184th District Court of Harris County in cause number 1726657, which this court treated as a petition for a writ of mandamus. Because the court interpreted the petition as seeking habeas-corpus relief, the court dismissed the petition for want of jurisdiction. In re Bernard, No. 14-23-00472-CR, 2023 WL 5217885 (Tex. App.-Houston [14th Dist.] Aug. 15, 2023, orig. proceeding) (mem, op., not designated for publication) (Spain, J., dissenting).
On August 24, 2023, "john davis junior of the Family of Bernard" filed an "Application for Writ of Mandamus" in our case number 14-23-00472-CR, trial court cause number 1726657, which the clerk of this court filed under new case number 14-23-00623-CR. This court has again treated this "application" as a petition for a writ of mandamus seeking habeas-corpus relief.
As I previously did, I agree that it appears we have no jurisdiction. I would give relator notice of an involuntary dismissal and an opportunity to respond before we dismiss.
I respectfully dissent to the lack of due process the court affords to relator.