In re John A. Coleman Appeal from 426th District Court of Bell County (memorandum opinion)

Annotate this Case

Download PDF

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-18-00557-CV In re John A. Coleman ORIGINAL PROCEEDING FROM BELL COUNTY MEMORANDUM OPINION Relator John A. Coleman, an inmate in the Texas Department of Criminal Justice, has filed a pro se petition for writ of mandamus in this Court. Coleman seeks to have this Court order the trial court to vacate his 2010 judgment of conviction for capital murder. The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal procedure. Tex. Code Crim. Proc. art. 11.07 § 5 (“After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner.”); Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996). Only the court of criminal appeals has jurisdiction over post-conviction writs of habeas corpus in felony cases. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). Accordingly, we dismiss the petition for writ of mandamus for want of jurisdiction. See Tex. R. App. P. 52.8(a). __________________________________________ David Puryear, Justice Before Justices Puryear, Goodwin, and Bourland Filed: August 30, 2018 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.