in Re Jeffrey K. Brooks ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00192-CV
IN RE JEFFREY K. BROOKS RELATOR
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION1
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Relator Jeffrey K. Brooks seeks a writ of mandamus to compel a district
clerk to transmit copies of his two applications for writ of habeas corpus, any
answers, the convicting court’s findings, and any related filings to the Texas
Court of Criminal Appeals in accordance with article 11.07 of the Texas Code of
Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07, ' 3(c) (West
Supp. 2010). An appellate court has no authority to issue a writ of mandamus
against a district clerk unless the clerk is interfering with the court’s jurisdiction.
See Tex. Gov’t Code Ann. ' 22.221 (West 2004) (providing that court of appeals
may only issue writ of mandamus against district and county judges or as
1
See Tex. R. App. P. 47.4, 52.8(d).
necessary to enforce jurisdiction of appellate court); In re Washington, 7 S.W.3d
181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). An appellate
court does not have jurisdiction over matters related to article 11.07 applications
for writs of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07, '' 3, 5; In
re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig.
proceeding) (“Article 11.07 contains no role for the courts of appeals; the only
courts referred to are the convicting court and the Court of Criminal Appeals.”).
Thus, relator does not raise a complaint that the district clerk is interfering with
this court’s jurisdiction, and we dismiss relator’s petition for writ of mandamus for
want of jurisdiction.
PER CURIAM
PANEL: GARDNER, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DELIVERED: June 15, 2011
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