In Re Shawn Anthony Vellier v. the State of Texas
03-25-00421-CV
Tex. App.Jun 20, 2025Background
- Shawn Anthony Vellier, while incarcerated for over 90 days without bail, filed a pro se application for a pretrial writ of habeas corpus, asserting constitutional violations.
- Vellier requested the Texas Third Court of Appeals to order his release on a personal recognizance bond.
- The Texas Third Court of Appeals' original habeas corpus jurisdiction is limited to civil contempt cases, not pretrial criminal detention.
- Vellier had previously filed a similar habeas application with the trial court, which had not been ruled upon at the time of this appeal.
- Vellier is represented by counsel in the underlying criminal case, but his habeas application was filed pro se.
- The Court construed his request as potentially seeking mandamus relief to compel the trial court to rule on his habeas application, but found procedural and substantive grounds to deny relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to grant pretrial habeas corpus | Court should release Vellier on bond | Jurisdiction only lies in specific courts | No jurisdiction; dismissed for want of juris. |
| Mandamus: duty to rule on pro se application | Trial court unreasonably failed to rule | Trial court not obligated to rule if counsel appt | No duty to rule; mandamus relief denied |
| Notice to trial court of need to rule | Habeas app. filed with clerk suffices | Filing with clerk ≠ notifying trial court | No record trial court was notified |
| Right to submit pro se motions when represented | Pro se motion should be considered | Once counsel appointed, court need not consider | No obligation to rule on pro se filing |
Key Cases Cited
- Robinson v. State, 240 S.W.3d 919 (Tex. Crim. App. 2007) (trial courts are not required to rule on pro se motions when the defendant has counsel)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (mandamus requires a clear record demonstrating entitlement to relief)
- In re Southwestern Bell Tel. Co., 235 S.W.3d 619 (Tex. 2007) (mandamus is an extraordinary remedy, requiring specific showings by relator)