In re John Davis Bernard Jr. Appeal from 185th District Court of Harris County (memorandum opinion per curiam)
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Petition for Writ of Mandamus Dismissed and Memorandum Majority and Dissenting Opinions filed August 31, 2023. In The Fourteenth Court of Appeals NO. 14-23-00623-CR IN RE JOHN DAVIS BERNARD, JR., Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 185th District Court Harris County, Texas Trial Court Cause No. 1726657 MEMORANDUM MAJORITY OPINION On August 24, 2023, relator John Davis Bernard, Jr. filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to dismiss the underlying criminal case pending in the trial court against him. Relator is seeking habeas-corpus relief in his mandamus petition. The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356 (Tex. App. Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original jurisdiction to grant an application for a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art 11.05. Therefore, this court is without jurisdiction to consider relator’s petition requesting habeas corpus relief. Accordingly, relator’s petition is dismissed for want of jurisdiction. PER CURIAM Panel consists of Justices Wise, Bourliot, and Spain. Do Not Publish — Tex. R. App. P. 47.2(b). 2
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