In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00352-CR
IN RE B.J. ALLEN GALLOWAY, RELATOR
OPINION ON ORIGINAL PROCEEDING FOR WRIT OF HABEAS CORPUS
September 29, 2014
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Pending before the court is B.J. Allen Galloway’s “Petition for a Writ of Habeas
Corpus by a Person in State Custody.” The petition is addressed to the Seventh District
of Texas, Criminal Division but appears on a form used to pursue habeas relief in
federal courts. Through the document, Galloway seeks to set aside a final conviction in
Cause No. 66,255 rendered by the district court for the 108th Judicial District, Potter
County, Texas, by contending that he was denied effective assistance of counsel. We
dismiss the petition.
One seeking to set aside a final conviction via a habeas corpus petition filed in
state court must do so pursuant to article 11.07 of the Texas Code of Criminal
Procedure. More importantly, we have no jurisdiction over article 11.07 proceedings.
TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2014); see Runnels v. State, 804
S.W.2d 278 (Tex. App.—Beaumont 1991, no pet.); see also Watson v. State, 96 S.W.3d
497, 500 (Tex. App.—Amarillo 2002, pet. ref’d) (holding that courts of appeal lack the
authority to issue original writs of habeas corpus in other than certain civil matters); TEX.
GOV’T CODE ANN. § 22.221 (West 2004) (providing the authority to issue certain writs).
Accordingly, the petition is dismissed for want of jurisdiction.
Per Curiam
Do not publish.
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