in Re Tommy Joe Kelley ( 2018 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00515-CV
In re Tommy Joe Kelley
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Tommy Joe Kelley has filed a “Writ of Error Coram Nobis.” Looking to the
substance of Kelley’s pleading, rather than its title or form, we construe his pleading as a petition
for writ of error coram nobis. See Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601
(Tex. 1999) (courts look to substance of pleading rather than its form or caption to determine its
nature).
The purpose of a writ of error coram nobis is to bring before the court rendering
the judgment matters of fact which, if known at the time the judgment was rendered, would have
prevented its rendition. Ex parte McKenzie, 29 S.W.2d 771, 772 (Tex. Crim. App. 1930). The
Texas Court of Criminal Appeals has long held that this common-law writ has no application in
this state. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952); In re Johnson,
No. 03-16-00277-CV, 2016 WL 1756707 (Tex. App.—Austin Apr. 27, 2016, orig. proceeding)
(mem. op.).
The habeas corpus procedure set out in article 11.07 of the Code of Criminal
Procedure provides the exclusive remedy for felony post-conviction relief in Texas state court.
See Tex. Code Crim. Proc. art. 11.07, §§ 3(a), 5. Article 11.07 vests complete jurisdiction over
post-conviction relief from final felony convictions in the Texas Court of Criminal Appeals.
See id. § 3(a); Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993); In re Wood, No.
03-16-000651-CV, 2016 WL 6575240, at *1 (Tex. App.—Austin Nov. 2, 2016, orig.
proceeding) (mem. op.).
Accordingly, we dismiss Kelley’s petition for want of jurisdiction.
________________________________________________
Bob Pemberton, Justice
Before Chief Justice Rose, Justices Pemberton and Field
Filed: August 7, 2018
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