Opinion issued August 26, 1010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00665-CR
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IN RE Joe Louis Champion, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Joe Louis Champion, has filed in this Court a petition for writ of mandamus, complaining that respondent* did not rule on his post-conviction article 11.07 writ of habeas corpus filed in the 185th District Court in trial court cause number 494490-A. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2009). Relator requests that we compel respondent to rule on his application for writ of habeas corpus. We dismiss the petition.
This Court has no authority to issue a writ of mandamus to compel a district court judge to rule on an application for writ of habeas corpus in which the judgment of conviction is final. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). This is because jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2009); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 482, 483 (Tex. Crim. App. 1995).
Therefore, the petition for writ of mandamus is dismissed for lack of jurisdiction. All pending motions are denied.
PER CURIAM
Panel consists of Justices Jennings, Alcala, and Massengale.
Do not publish. Tex. R. App. P. 47.2(b)
* The Respondent is the Honorable Susan Brown, Judge, 185th District Court, Harris County.