in Re Daniel Lee Harrison ( 2020 )

Opinion issued April 14, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00166-CR
NO. 01-20-00167-CR
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IN RE DANIEL LEE HARRISON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Daniel Lee Harrison, incarcerated and proceeding pro se, has filed a
petition for a writ of mandamus, seeking to compel the Harris County District Clerk
to transmit his application for writ of habeas corpus and other documents to the Court
of Criminal Appeals.1 Relator asserts that the district clerk has not complied with
the clerk’s duties under articles 2.21 and 11.07 of the Texas Code of Criminal
Procedure.2
This Court’s mandamus jurisdiction is limited to writs of mandamus against
certain judges within its district and all writs necessary to enforce the Court’s
jurisdiction. See TEX. GOV’T CODE § 22.221. Thus, we have no jurisdiction to issue
a writ of mandamus against a district clerk unless necessary to enforce our
jurisdiction. See id.; In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at
*1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.); In re
Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig.
proceeding). Because relator’s petition does not reflect that issuance of a writ is
necessary to enforce our jurisdiction, we do not have jurisdiction to issue a writ of
mandamus against the district clerk. See In re Washington, 7 S.W.3d at 182.
Accordingly, we dismiss the petition for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Kelly and Goodman.
Do not publish. TEX. R. APP. P. 47.2(b).
1
The underlying case is State of Texas v. Daniel Lee Harrison, cause numbers
1369904 & 1370009, pending in the 178th District Court of Harris County, Texas,
the Honorable Kelli Johnson, presiding.
2
See TEX. CODE CRIM. PROC. art. 2.21(a)(1), (6).
2