In re Tommy Joe Kelley Appeal from 390th District Court of Travis County (memorandum opinion)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00319-CV In re Tommy Joe Kelley ORIGINAL PROCEEDING FROM TRAVIS COUNTY MEMORANDUM OPINION Relator Tommy Joe Kelley has filed a petition for writ of mandamus, asking this Court to order the 390th Judicial District Court of Travis County to conduct an evidentiary hearing on three applications for writ of habeas corpus that Kelley has filed with the Texas Court of Criminal Appeals pursuant to article 11.07 of the Texas Code of Criminal Procedure.1 However, when an article 11.07 application has been filed, only the Court of Criminal Appeals has jurisdiction to issue a writ of mandamus pertaining to any article 11.07 proceedings in the trial court.2 Accordingly, we dismiss Kelley’s petition for want of jurisdiction. ____________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton, and Goodwin Filed: June 8, 2017 1 2 See Tex. Code Crim. Proc. art. 11.07. See Padieu v. Court of Appeals of Texas, 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).

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