Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 02-14-2020

Case Style:

Ex parte Franklin Robert Elkins

Case Number: 02-19-00471-CR

Judge: Per Curiam

Court: Court of Appeals Second Appellate District of Texas at Fort Worth

Plaintiff's Attorney: Joseph W. Spence

Defendant's Attorney:

Need help finding a lawyer for representation for appealing the trial court’s order denying writ of habeas corpus in Texas?

Call 918-582-6422. It's Free.


MoreLaw Suites

Virtual Offices of Solo Practice Lawyer Starting at $200 a Month
Office With MoreLaw Suites and Reduce Your Overhead

918-582-3993 -

Franklin Robert Elkins attempts to appeal from the trial court’s order
recommending that the Texas Court of Criminal Appeals deny his pro se Article 11.07
application for writ of habeas corpus seeking postconviction relief from his May 26,
2004 conviction for intoxication manslaughter. See Tex. Code Crim. Proc. Ann. art.
This court has no jurisdiction over postconviction applications for writs of
habeas corpus in felony cases. See id. art. 11.07, § 3; Bd. of Pardons & Paroles ex rel.
Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995)
(orig. proceeding) (stating that “[j]urisdiction to grant post conviction habeas corpus
relief on a final felony conviction rests exclusively with” the Court of Criminal
Appeals). Accordingly, by letter dated December 18, 2019, we notified Elkins of our
concern that this court lacks jurisdiction over this appeal and warned him that we
could dismiss it for that reason unless we received a response showing grounds for
continuing it. See Tex. R. App. P. 44.3. Elkins filed a response, but it does not show
grounds for continuing this appeal.1

Outcome: We therefore dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

Plaintiff's Experts:

Defendant's Experts:


Find a Lawyer


Find a Case