IN RE: James McCoy (2016)

MEMORANDUM OPINION

In this petition for writ of mandamus, the relator requests that we order the trial court to consider and rule on his motion to compel the district clerk to send him copies of certain documents related to his post-conviction petition for writ of habeas corpus.  We lack jurisdiction over the petition.  Courts of appeals have concurrent mandamus jurisdiction with the Texas Court of Criminal Appeals in post-conviction proceedings when the intermediate appellate court has jurisdiction over an appeal from the trial court's ruling.  See, e.g., Padilla v. McDaniel, 122 S.W.3d 805, 808 (Tex.Crim.App.2003) (forensic DNA testing).  Courts of appeals have no jurisdiction, however, in post-conviction habeas corpus proceedings brought under article 11.07 of the Texas Code of Criminal Procedure.  See Tex.Code Crim. Proc. Ann. art. 11.07 (West 2015);  In re McAfee, 53 S.W.3d 715, 717 (Tex.App.—Houston [1st Dist.] 2001, orig. proceeding).  “Article 11.07 contains no role for the courts of appeals;  the only courts referred to are the convicting court and the Court of Criminal Appeals.”  In re McAfee, 53 S.W.3d at 718.  Consequently, any complaints about action or inaction by the trial court on a matter related to a post-conviction petition for writ of habeas corpus must be brought by mandamus to the Texas Court of Criminal Appeals and not to this Court.  In re McAfee, 53 S.W.3d at 717.

We dismiss the petition for want of jurisdiction.

Opinion by Justice Fillmore