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Legal Opinion

In Re Harrison

Texas Court of Appeals, 6th District (Texarkana)

Decided February 16, 2006No. 06-06-00021-CVPublishedCited by 45 opinions

1Opinion of the Court

OPINION

Opinion by

Justice CARTER.

Davie Harrison, Sr., has filed a petition for writ of mandamus requesting this Court to vacate or set aside the judgment convicting Harrison of burglary. We deny Harrison’s petition because an application for a writ of habeas corpus under Article 11.07 is the more appropriate remedy 'for post-conviction relief.

On November 14, 1994, Harrison pled guilty to burglary pursuant to a negotiated plea agreement. Harrison asserts that, on October 3, 2005, he filed an application for a writ of habeas corpus 1 under Article 11.07. of the Texas Code of Criminal Procedure…

2Cases cited5 opinions

  1. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  2. Board of Pardons & Paroles Ex Rel. Keene v. Court of Appeals for the Eighth DistrictCourt of Criminal Appeals of Texas · 1995
  3. Ex Parte AdamsCourt of Criminal Appeals of Texas · 1989
  4. State Ex Rel. Millsap v. LozanoCourt of Criminal Appeals of Texas · 1985
  5. McBride v. State, Texas Court of Appeals, 3rd District (Austin)2002

3Cited by45 opinions

  1. Collins v. State, Texas Court of Appeals, 6th District (Texarkana)2008
  2. In Re Johnston, Texas Court of Appeals, 6th District (Texarkana)2011
  3. Billy Max Collins v. State, Texas Court of Appeals, 6th District (Texarkana)2008
  4. Billy Max Collins v. State, Texas Court of Appeals, 6th District (Texarkana)2008
  5. In Re Sammy Saenz v. the State of Texas, Texas Court of Appeals, 13th District2025

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