In Re: Mauricio Antonio Cabrera Appeal from 195th Judicial District Court of Dallas County (memorandum opinion )

Annotate this Case
Download PDF
DISMISS; and Opinion Filed September 29, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01106-CV IN RE MAURICIO ANTONIO CABRERA, Relator Original Proceeding from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F-1057867-N MEMORANDUM OPINION Before Justices Lang-Miers, Stoddart, and Whitehill Opinion by Justice Lang-Miers Relator filed this original proceeding requesting that the Court order the district clerk to provide him with copies of certain documents related to his conviction so that he can prepare his petition for writ of habeas corpus. This Court lacks jurisdiction over relator’s petition. The Court's power to grant writs in original proceedings is conferred by section 22.221 of the Texas Government Code. Because the Dallas County district clerk is not a judge, the district clerk falls within our writ jurisdiction only to the extent necessary to enforce our jurisdiction in another proceeding. See TEX. GOV’T CODE ANN. § 22.221(a), (b) (West 2004) (writ power). There is no appeal pending in this Court regarding relator’s conviction and this Court does not have jurisdiction over post-conviction habeas corpus proceedings. See TEX. CODE CRIM. P. ANN. art. 11.05 (West 2005) (by whom writ may be granted). Therefore, the relief the relator seeks is not necessary to enforce the Court’s jurisdiction. We dismiss the petition for want of jurisdiction. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 151106F.P05 –2–

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.