In Re: Eric Murphy v. The State of Texas--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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) No. 08-02-00172-CR

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IN RE: ERIC MURPHY ) AN ORIGINAL PROCEEDING

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) IN MANDAMUS

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O P I N I O N

This is an original proceeding in mandamus. Relator, Eric Murphy (AMurphy@) seeks a writ of mandamus from this Court to review the judgment and opinion of the United States District Court for the Western District of Texas (Midland/Odessa Division) in cause number MO-99-CA-075. For the reason stated below, we dismiss the petition for lack of subject matter jurisdiction.

Before this Court can issue a writ of mandamus, it must have the authority to do so. See Greenville v. State, 798 S.W.2d 361, 362-63 (Tex.App.--Beaumont 1990, no pet.). In this case, Murphy attempts to invoke the jurisdiction of this Court via the Federal Administrative Procedure Act. 5 U.S.C. ' 706 (West 1996)(providing for the scope of review of agency decisions by the federal courts). The attempt is made in vain. It is axiomatic that this Court lacks the authority to entertain Murphy=s petition because it cannot review decisions of the federal courts. Tex.Code Crim.Proc.Ann. art. 4.03 (Vernon Supp. 2002)(delineating intermediate appellate court jurisdiction); see Ex parte Killam, 162 S.W.2d 426, 428 (Tex.Crim.App. 1942)(opin. on rehearing)(invocation of federal jurisdiction not within province of state courts).

For all this reason, we dismiss Murphy=s petition for writ of mandamus for lack of subject matter jurisdiction.

July 25, 2002

DAVID WELLINGTON CHEW, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

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