In Re Robert Dwayne Campbell--Appeal from 258th District Court of Polk County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00406-CV _________________ IN RE ROBERT DWAYNE CAMPBELL ___________________________________________________________________ __ Original Proceeding ___________________________________________________________________ __ MEMORANDUM OPINION Robert Dwayne Campbell filed a petition for writ of mandamus that seeks to compel Attorney General Greg Abbott and others, including Brad Livingston, Executive Director of the Texas Department of Criminal Justice, and William Lee Hon, District Attorney of Polk County, Texas, to provide Campbell with full discovery of all records, files, transcripts, pictures and other documents that according to Campbell would show Campbell s actual innocence of a capital murder charge for which Campbell has been finally convicted and sentenced. See Campbell v. State, 18 S.W.3d 914 (Tex. App. Beaumont 2000, pet. ref d). Other than to protect the jurisdiction of the Court of Appeals, this Court s mandamus jurisdiction does not extend to persons who are not judges of a district or county court in our district. See TEX. GOV T CODE ANN. § 22.221 (Vernon 2004). 1 Moreover, the relief requested in the petition concerns purely post-conviction matters that do not implicate the jurisdiction of this Court. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2010). Mandamus relief relating to a post-conviction habeas proceeding must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App. Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we deny the petition for writ of mandamus. PETITION DENIED. PER CURIAM Opinion Delivered September 16, 2010 Before McKeithen, C.J., Kreger and Horton, JJ. 2

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