IN RE: Malcolm McClenon (2016)

MEMORANDUM OPINION

Relator Malcolm McClenon seeks a writ of mandamus from this Court ordering the Dallas County District Clerk to transmit his post-conviction writ of habeas corpus and any answer to the Texas Court of Criminal Appeals.  This Court has not been given writ authority over district clerks except as necessary to protect our jurisdiction.  See Tex. Gov't Code Ann. § 22.221 (West 2004).  An intermediate appellate court has concurrent mandamus jurisdiction with the Texas Court of Criminal Appeals in post-conviction proceedings when the intermediate appellate court maintains 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 do not, however, have jurisdiction over post-conviction proceedings brought under article 11.07 of the Texas Code of Criminal Procedure.  See Tex.Code Crim. P. Ann. arts. 11.05, 11.07 (West 2015);  In re McAfee, 53 S.W.3d 715, 717 (Tex.Crim.App.—Houston [1st Dist.] 2001, orig. proceeding).  Consequently, any complaints about action or inaction on a matter related to a post-conviction writ of habeas corpus must be brought by mandamus to the Texas Court of Criminal Appeals.  See In re McAfee, 53 S.W.3d at 717.

Accordingly, we dismiss relator's petition for writ of mandamus.

Opinion by Justice Fillmore