Ex Parte Joseph Herman Bradford--Appeal from 252nd District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00182-CR _________________ EX PARTE JOSEPH HERMAN BRADFORD __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 2325 (10-08658, 10-08659, 10-09090) _______________________________________________________________ ___ ______ MEMORANDUM OPINION Joseph Herman Bradford filed a pre-trial application for writ of habeas corpus requesting a bond restoration and/or reduction. The trial court denied Bradford s application. No appeal lies from the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the application. Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983); see also Ex parte Villanueva, 252 S.W.3d 391, 395-97 (Tex. Crim. App. 2008). In this case, it does not appear that the trial court addressed the application s merits. The order makes no factual findings indicative of a ruling on the merits of the request for relief. The trial court did not issue a writ of habeas corpus, nor did the court conduct an evidentiary 1 hearing on the application for the writ. We conclude this Court has no jurisdiction of the appeal and dismiss the appeal for want of jurisdiction. APPEAL DISMISSED. _________________________________ DAVID GAULTNEY Justice Submitted on June 7, 2011 Opinion Delivered June 15, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2
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