Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
September 4, 2014.
In The
Fourteenth Court of Appeals
NO. 14-14-00698-CR
IN RE FREDDRICK SMITH, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
351st District Court
Harris County, Texas
Trial Court Cause No. 889,765-C
MEMORANDUM OPINION
On August 25, 2014, relator Freddrick Smith filed a petition for writ of
mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see
also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the
Honorable Mark Kent Ellis, presiding judge of the 351st District Court of Harris
County, to take action on his pending post-conviction application for writ of
habeas corpus.
The Texas Court of Criminal Appeals has exclusive jurisdiction in final
post-conviction habeas corpus proceedings. Tex. Code Crim. Proc. Ann. art. 11.07
(West Supp. 2014); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d
115, 117 (Tex. Crim. App. 2013) (orig. proceeding). An intermediate appellate
court has no authority to compel a trial court to rule on matters related to a petition
for writ of habeas corpus. See In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—
Houston [1st Dist.] 2001, orig. proceeding) (“Should an applicant find it necessary
to complain about an action or inaction of the convicting court, the applicant may
seek mandamus relief from the Court of Criminal Appeals.”). Therefore, we have
no jurisdiction over relator’s request for relief.
Accordingly, we dismiss relator’s petition for writ of mandamus for lack of
jurisdiction.
PER CURIAM
Panel Consists of Justices Boyce, Jamison, and Donovan.
Do Not Publish — Tex. R. App. P. 47.2(b).
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