In Re James Rubio Appeal from 435th District Court of Montgomery County (memorandum opinion per curiam)
Annotate this Case
Download PDF
In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00230-CV __________________ IN RE JAMES RUBIO __________________________________________________________________ Original Proceeding 435 Judicial District Court of Montgomery County, Texas Trial Cause No. 11-04-04400-CV __________________________________________________________________ th MEMORANDUM OPINION James Rubio filed a pro se petition for civil writ of habeas corpus, in which he complains of his commitment as a sexually violent predator following a jury trial in the 435th Judicial District Court. In his petition, Rubio complains about his jury trial wherein the jury found him to be a “sexually violent predator” and the statutory procedure governing his trial. Courts of Appeals have original jurisdiction to issue a civil writ of habeas corpus only when “the restraint of liberty is by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, 1 judgment, or decree previously made, rendered, or entered by the court or judge in a civil case.” Tex. Gov’t Code Ann. § 22.221(d) (West Supp. 2018). Rubio’s petition is not within this Court’s jurisdiction under section 22.221(d). We dismiss Rubio’s petition for lack of jurisdiction. PETITION DISMISSED. PER CURIAM Submitted on August 21, 2019 Opinion Delivered August 22, 2019 Before Kreger, Horton, and Johnson, JJ. 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.
