IN THE
TENTH COURT OF APPEALS
No. 10-14-00213-CR
EX PARTE TERRY LEE NELSON
Original Proceeding
From the 13th District Court
Navarro County, Texas
Trial Court No. 32,660-CR
MEMORANDUM OPINION
Terry Lee Nelson has filed a “motion for the reinstatement of appeal rights and
discretionary review.”1 In his motion, he seeks what is in effect post-conviction habeas
relief, alleging actual innocence, ineffective assistance of counsel, and complaints about
the trial court. He asks that we review his case, reinstate his appeal rights, and order a
discretionary review.
An intermediate court of appeals has no jurisdiction over post-conviction writs of
habeas corpus in felony cases. See Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex.
1
The motion lacks proof of service. A copy of all documents presented to the Court must be served on all
parties (i.e., the district attorney) and must contain proof of service. TEX. R. APP. P. 9.5, 52.2. To expedite
this matter, we implement Rule of Appellate Procedure 2 to suspend these requirements. Id. 2.
App.—Texarkana 2005, orig. proceeding) (citing TEX. CODE CRIM. PROC. ANN. art.
11.07(3)(a), (b) (Vernon 2005)); Self v. State, 122 S.W.3d 294, 294-95 (Tex. App.—Eastland
2003, no pet.) (same). The Court of Criminal Appeals and this court have recognized
that “the exclusive post-conviction remedy in final felony convictions in Texas courts is
through a writ of habeas corpus pursuant to [article] 11.07.” Olivo v. State, 918 S.W.2d
519, 525 n.8 (Tex. Crim. App. 1996); see Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex.
App.—Waco 2006, no pet.). Furthermore, the courts of appeals do not have original
habeas corpus jurisdiction in criminal law matters. Ex parte Hearon, 3 S.W.3d 650 (Tex.
App.—Waco 1999, orig. proceeding) (citing Dodson v. State, 988 S.W.2d 833, 835 (Tex.
App.—San Antonio 1999, no pet.); and Sanders v. State, 771 S.W.2d 645, 650 (Tex. App.—
El Paso 1989, pet. ref’d)); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso
1994, orig. proceeding).
Because we have no jurisdiction over what is in effect a post-conviction habeas
corpus proceeding in a felony case, we dismiss Nelson’s motion.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed August 7, 2014
Do not publish
[OT06]
Ex parte Nelson Page 2