Dismissed and Opinion Filed February 20, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00174-CV
IN RE REGINALD NOBLE, Relator
Original Proceeding from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F00-50025-K
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice Lang
In his petition for writ of mandamus, relator complains that the trial court abused its
discretion in finding that his post-conviction writ of habeas corpus filed in the trial court presents
no controverted, previously unresolved factual issues. The facts and issues are well known to the
parties, so we need not recount them herein. This Court does not have jurisdiction over relator’s
petition. Article 11.07 contains no role for the courts of appeals; the only courts referred to are
the convicting court and the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex.
App.—Houston [1st Dist.] 2001, no pet.) While the courts of appeals have concurrent mandamus
jurisdiction with the Court of Criminal Appeals in some post-conviction proceedings, Padilla v.
McDaniel, 122 S.W.3d 805, 808 (Tex. Crim. App. 2003) (forensic DNA testing), only the Court
of Criminal Appeals has jurisdiction in final post-conviction habeas corpus proceedings. TEX.
CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2010); In re Turk, 14-09-00129-CR, 2009 WL
396197, at *1 (Tex. App.—Houston [14th Dist.] Feb. 19, 2009, no pet.); In re Bailey, 14-06-
00841-CV, 2006 WL 2827249, at *1 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding);
In re McAfee, 53 S.W.3d at 717. Should an applicant find it necessary to complain about an
action or inaction of the convicting court with regard to any matter related to the petition for writ
of habeas corpus, the applicant may seek mandamus relief only from the Court of Criminal
Appeals. In re McAfee, 53 S.W.3d at 717. Because relator’s petition for mandamus arises from
the trial court’s ruling on his post-conviction application for writ of habeas corpus, we do not
have jurisdiction over the complaint. Accordingly, we DISMSS the petition for writ of
mandamus.
/Douglas S. Lang/
DOUGLAS LANG
JUSTICE
140174F.P05
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