Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Ex Parte Nathan BOWERS.
OPINION
Nathan Bowers appeals the trial court's order denying his application for writ of habeas corpus. In two issues, appellant complains that the trial court erred by not granting his request for a hearing on the writ application and by not granting his writ on double jeopardy grounds. We dismiss the appeal for want of jurisdiction.
There is a distinction between the issuance of a writ of habeas corpus and the granting of relief on the claims set forth in an application for that writ. Ex parte Hargett, 819 S.W.2d 866, 869 (Tex.Crim.App.1991). An applicant cannot appeal from a trial court's refusal to issue or grant a writ of habeas corpus, but may appeal the denial of relief on the merits of the application. See Hargett, 819 S.W.2d at 868. Whether an order can be appealed is not determined by the form of the order alone; we may consider the entire record. See Nichlos v. State, 158 Tex.Crim. 367, 255 S.W.2d 522, 526 (1952) (op. on reh'g).
Here, appellant attempts to appeal the trial court's order denying his application for writ of habeas corpus. Neither the order-nor anything else in the record before us-reflects that the trial court considered the merits of appellant's petition. Therefore, we dismiss this appeal for lack of jurisdiction. See Ex parte Miller, 931 S.W.2d 724, 725 (Tex.App.-Austin 1996, no pet.) (holding that the trial court's denial of Miller's application for writ of habeas corpus amounted to a refusal to issue the writ).
Opinion By Justice Lagarde
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 05-00-01351-CR.
Decided: January 30, 2001
Court: Court of Appeals of Texas,Dallas.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)