in Re Riggin Gideon Valley ( 2020 )


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  • Opinion filed April 23, 2020
    In The
    Eleventh Court of Appeals
    __________
    No. 11-20-00106-CR
    __________
    IN RE RIGGIN GIDEON VALLEY
    Original Mandamus Proceeding
    MEMORANDUM OPINION
    Relator, Riggin Gideon Valley, has filed a pro se petition for writ of
    mandamus in this court. He requests mandamus relief related to the duties of the
    trial court with respect to an Article 11.07 application for writ of habeas corpus. See
    TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). We dismiss Relator’s petition
    for want of jurisdiction.
    We have no jurisdiction to grant the relief requested by Relator with respect
    to his pending Article 11.07 writ. See Padieu v. Court of Appeals of Tex., Fifth Dist.,
    
    392 S.W.3d 115
    , 117–18 (Tex. Crim. App. 2013) (indicating that the Texas Court of
    Criminal Appeals has exclusive jurisdiction when an Article 11.07 application is
    pending). We have no authority to issue writs of mandamus in criminal law matters
    pertaining to proceedings under Article 11.07. In re McAfee, 
    53 S.W.3d 715
    , 718
    (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Should an applicant find
    it necessary to complain about the processing of an Article 11.07 application for writ
    of habeas corpus, the applicant may seek mandamus relief from the Court of
    Criminal Appeals. See Benson v. Dist. Clerk, 
    331 S.W.3d 431
    , 432 (Tex. Crim. App.
    2011) (per curiam).
    Relator’s petition is dismissed for want of jurisdiction.
    PER CURIAM
    April 23, 2020
    Do not publish. See TEX. R. APP. P. 47.2(b).
    Panel consists of: Bailey, C.J.,
    Stretcher, J., and Wright, S.C.J.1
    Willson, J., not participating.
    1
    Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland,
    sitting by assignment.
    2
    

Document Info

Docket Number: 11-20-00106-CR

Filed Date: 4/23/2020

Precedential Status: Precedential

Modified Date: 4/25/2020