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Date: 09-15-2019
Case Style:
In re Jairl Luther Grant
Case Number: 01-19-00566-CR
Judge: PER CURIAM Panel consists of Chief Justice Radack and Justices Keyes and Higley.
Court: Court of Appeals For The First District of Texas
Plaintiff's Attorney: The Honorable Kim K Ogg
Daniel C. McCrory
Defendant's Attorney:
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Relator, Jairl Luther Grant, incarcerated and proceeding pro se, has filed a
petition for writ of mandamus seeking to compel the respondent district judge to
amend the findings of fact and conclusions of law for his felony habeas corpus
application before the Court of Criminal Appeals rules on the application.1
However, because relator’s petition involves a final post-conviction felony
proceeding, we lack jurisdiction because the Texas Court of Criminal Appeals has
exclusive jurisdiction over Article 11.07 final post-conviction felony proceedings.
See TEX. CODE CRIM. PROC. ANN. art. 11.07, §§ 3(a), 5 (West 2015); Padieu v. Court
of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig.
proceeding) (per curiam). “Article 11.07 contains no role for the courts of appeals,”
and “to complain about an action or inaction of the convicting court, the applicant
may seek mandamus relief from the Court of Criminal Appeals.” In re McAfee, 53
S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
Outcome: Accordingly, we dismiss relator’s petition for want of jurisdiction. We
dismiss any pending motions as moot.
Plaintiff's Experts:
Defendant's Experts:
Comments: