in Re James Marcus Miles ( 2019 )

Opinion issued January 29, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-01133-CR
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IN RE JAMES MARCUS MILES, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator James Marcus Miles seeks habeas corpus relief “for free copy of the
statement of facts in the above-styled cause, on appeal.”1 Relator has also filed a
motion to appeal as indigent and a motion for bail or bond. We dismiss for want of
jurisdiction.
1
The underlying case is The State of Texas v. James Marcus Miles, cause
number1578944, pending in the 179th District Court of Harris County, Texas, the
Honorable Randy Roll presiding.
An appellate court may issue a writ of habeas corpus when a person’s liberty
is restrained by an order issued by a court based on violation of a previous order
entered by a court in a civil case. See TEX. GOV’T CODE § 22.221(d). Appellant is
not complaining that his liberty is restrained by an order signed by a trial court in a
civil case. Therefore, this Court is without jurisdiction to issue the relief requested
in this petition. See, e.g., In re Thomas, No. 01–15–00786–CR, 2015 WL 6081429,
at * 1 (Tex. App.—Houston [1st Dist.] Oct. 13, 2015, orig. proceeding) (dismissing
for want of jurisdiction petition for writ of habeas corpus seeking relief in criminal
case).
If an appeal had been filed in this Court, we could construe this petition as a
motion to obtain a free record. But no appeal of a conviction with this trial court
cause number has been filed in this court.
Accordingly, the petition is dismissed for want of jurisdiction. Any pending
motions are denied.
PER CURIAM
Panel consists of Justices Lloyd, Kelly, and Hightower.
Do not publish. TEX. R. APP. P. 47.2(b).
2