In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00141-CR
IN RE: CHRISTOPHER C. BRANTLEY
Original Proceeding Arising Out Of Proceedings
Before The 140th District Court Of Lubbock County;
No. 2013-437,916; Honorable Jim Bob Darnell, Presiding
May 20, 2013
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Christopher C. Brantley, proceeding pro se, has filed an application for a writ of
habeas corpus. He has been confined in the Lubbock County Jail since December 28,
2012, 1 and asserts he is being restrained in his liberty pending criminal charges. By his
cover letter to the application, he indicates he has also filed this application for habeas
corpus relief in the 140th District Court of Lubbock County. We dismiss this proceeding
for want of jurisdiction.
1
According to the petition, Brantley was tried for possession of a controlled substance with intent to
deliver in trial court cause number 2011-433,301. That proceeding “resulted in a busted jury” and he has
been re-indicted under cause number 2013-437,916
The Texas Constitution provides that courts of appeals shall “have original or
appellate jurisdiction, under such restrictions and regulations as may be prescribed by
law.” See TEX. CONST. art. V, § 6. Pursuant to this constitutional directive, the
Legislature established the authority of courts of appeals to issue writs. See TEX. GOV’T
CODE ANN. § 22.221 (WEST 2004). This Court may issue a writ of habeas corpus when
it appears that the restraint of liberty is by virtue of an order, process, or commitment
issued by a court or judge because of the violation of an order, judgment, or decree
previously made, rendered, or entered by the court or judge in a civil case. See Id. at §
22.221(d). See also Watson v. State, 96 S.W.3d 497, 500 (Tex.App.—Amarillo 2002,
pet. ref’d). In criminal cases, this Court does not have original habeas corpus
jurisdiction. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (W EST 2005). See also Ex
parte Hawkins, 885 S.W.2d 586, 588 (Tex.App.—El Paso 1994, orig. proceeding).
Consequently, Brantley’s application for writ of habeas corpus is dismissed for
want of jurisdiction.
Patrick A. Pirtle
Justice
Do not publish.
2