NO. 07-03-0152-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
MARCH 28, 2003
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IN RE NATHAN FELDER,
Relator
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ORIGINAL PROCEEDING FOR WRIT OF PROHIBITION
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Before JOHNSON, C.J., and QUINN and REAVIS, JJ.
Pending before the court is a motion for a writ of prohibition filed by Nathan Felder.
The latter seeks an order “prohibiting Judge Bill Sheehan of the 69th District [C]ourt of
Dallum [sic] County from continuing prosecution of cause number 3539 until it is
determined whether said court has proper jurisdiction . . . to try Relator.” The relator is
being tried for capital murder. Furthermore, the trial court purportedly lacks jurisdiction
over the proceeding because the indictment allegedly fails to charge Felder “with a violation
of an offense under Article 5 Section 12b, Tx. Const. as defined by Article 3 Section 29,
Tx. Const.” We deny the motion.
Texas Rule of Appellate Procedure 52.3(j)(1) requires the one seeking a writ of
prohibition to append to the request “a certified copy or sworn copy of . . . any . . .
document showing the matter complained of.” There are at least two documents which fall
within the category described by Felder. The first is the indictment which purportedly failed
to charge an offense. The second is the pretrial petition for writ of habeas corpus which
he allegedly filed and awaits determination. According to the motion before us, it is that
petition for habeas relief which must first be considered and determined before the trial
court can continue with the criminal prosecution. Yet, neither document accompanied
Felder’s request for a writ of prohibition. Thus, he not only has failed to provide us with
documentation necessary to assess his contentions but also failed to comply with Rule
52.3(j)(1).
Accordingly, the request for a writ of prohibition is denied.
Per Curiam
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