David Lee Raetzsch v. The Honorable Louise Pearson, Clerk--Appeal from 167th District Court of Travis County (majority)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00710-CV David Lee Raetzsch, Appellant v. The Honorable Louise Pearson, Clerk, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT NO. D-1-DC-12-20038-A, HONORABLE MIKE LYNCH, JUDGE PRESIDING MEMORANDUM OPINION David Lee Raetzsch filed an application for writ of habeas corpus with the Texas Court of Criminal Appeals that was dismissed on May 2, 2012 for noncompliance. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2012). Raetzsch attempts to challenge that dismissal in his notice of appeal filed with this Court. We lack jurisdiction to review the action taken by the court of criminal appeals. See Tex. Const. art. V, § 5; State ex rel. Wilson v. Briggs, 351 S.W.2d 892, 894 (1961) (recognizing that court of criminal appeals is court of last resort in criminal matters and as such, no other state court has authority to override or circumvent its decisions or disobey its mandates). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f). Jeff Rose, Justice Before Chief Justice Jones, Justices Rose and Goodwin Dismissed for Want of Jurisdiction Filed: November 2, 2012 2

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