Legal Opinion

State Ex Rel. Rodriguez v. Onion

Court of Criminal Appeals of Texas

Decided November 12, 1987No. 69853PublishedCited by 43 opinions

1Opinion of the Court

OPINION

McCORMICK, Judge.

This is an original application for writs of mandamus and prohibition. The relator alleges that the respondent, a district court judge, was without jurisdiction to issue a writ of habeas corpus in a case involving a misdemeanor conviction which had been tried in County (Probate) Court. We find relator’s argument to be without merit and deny the writ for the reasons given below.

Chapter Eleven of the Code of Criminal Procedure spells out the procedure for handling a writ of habeas corpus. Relator asserts that Article 11.09, V.A.C.C.P., 1 mandates that the proper forum…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. State Ex Rel. Curry v. GrayCourt of Criminal Appeals of Texas · 1987
  2. State Ex Rel. Smith v. BlackwellCourt of Criminal Appeals of Texas · 1973
  3. Homan v. HughesCourt of Criminal Appeals of Texas · 1986
  4. State Ex Rel. Wade v. MaysCourt of Criminal Appeals of Texas · 1985
  5. State Ex Rel. Holmes v. DensonCourt of Criminal Appeals of Texas · 1984

7 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. In Re Castle Texas Production Ltd. Partnership, Texas Court of Appeals, 12th District (Tyler)2006
  2. Rodriguez v. Court of Appeals, Eighth Supreme Judicial DistrictCourt of Criminal Appeals of Texas · 1989
  3. Ex Parte Davis, Texas Court of Appeals, 1st District (Houston)1988
  4. Ex Parte Tarango, Texas Court of Appeals, 8th District (El Paso)2003
  5. In Re State, Texas Court of Appeals, 12th District (Tyler)2005

38 more not listed; retrieve them via the Exa API.

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