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Date: 08-12-2019

Case Style:

In re John Anthony Buchanan

Case Number: 01-19-00378-CR

Judge: PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Hightower.

Court: Court of Appeals For The First District of Texas

Plaintiff's Attorney: The Honorable Kim K Ogg
Daniel C. McCrory

Defendant's Attorney: Damon Parrish II

Description:


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Relator, John Anthony Buchanan, incarcerated and proceeding pro se, has
filed an application for a writ of habeas corpus, challenging the legality and
constitutionality of his January 20, 2019 arrest and confinement. He contends that
he is illegally restrained of his liberty by the Harris County Sheriff in violation of
the Fourth Amendment of the United States Constitution, the Texas Constitution,
and the Texas Code of Criminal Procedure. This Court does not have original habeas corpus jurisdiction in criminal
cases. In re Ayers, 515 S.W.3d 356, 356 (Tex. App.—Houston [14th Dist.] 2016,
orig. proceeding). Pursuant to section 22.221(d) of the Texas Government Code, a
court of appeals “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. TEX. GOV’T CODE
§ 22.221(d). In criminal matters, our habeas corpus jurisdiction is appellate only,
and we do not have original habeas corpus jurisdiction. See id.; Ex parte Denby,
627 S.W.2d 435, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding);
see, e.g., Ex parte Sampson, No. 12-17-00227-CR, 2017 WL 3225061, at *1 (Tex.
App.—Tyler July 31, 2017, orig. proceeding) (mem. op., not designated for
publication) (dismissing application seeking issuance of writ of habeas corpus,
contending relator was “falsely arrested and imprisoned”). Original jurisdiction to
grant a writ of habeas corpus in a criminal case is vested in the Court of Criminal
Appeals, the district courts, the county courts, or a judge of those courts. See TEX.
CODE CRIM. PROC. art. 11.05; In re Ayers, 515 S.W.3d at 356.

Outcome: Accordingly, we dismiss the petition for want of jurisdiction. We dismiss all
pending motions as moot.1

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