History
  • No items yet
midpage
Ex Parte: Vera Elizabeth Guthrie-Nail
05-21-00442-CR
| Tex. App. | Jun 18, 2021
|
Check Treatment
Case Information

*1 DISMISS and Opinion Filed June 18, 2021

In The EX PARTE VERA ELIZABETH GUTHRIE-NAIL On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-80635-2012 MEMORANDUM OPINION Before Chief Justice Burns, Justice Myers, and Justice Garcia Opinion by Chief Justice Burns

Vera Elizabeth Guthrie-Nail filed an article 11.07 application writ for habeas corpus in the 401st Judicial District Court. The trial court recommended denying the application and ordered the clerk of the court to transmit a copy of the application, the State’s response, and the trial court’s order to the Texas Court of Criminal Appeals. On June 14, 2021, the Collin County District Clerk forwarded Vera Elizabeth Gutherie-Nail’s notice of appeal to this Court, along with the trial court’s findings of fact and conclusions of law.

The habeas corpus procedure set out in article 11.07 of the Texas Code of Criminal Procedure provides the exclusive remedy for felony post-conviction relief in Texas state court. art. 11.07, §§ 3(a), 5. Article *2 11.07 vests jurisdiction over post-conviction relief from final felony convictions in the Texas Court of Criminal Appeals. See id . § 3(a); Padieu v. Court of Appeals of Tex., Fifth Dist. , 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); Hoang v. State , 872 S.W.2d 694, 697 (Tex. Crim. App. 1993). There is no role for the intermediate courts of appeals in the procedure set out in article 11.07. EX . A . art. 11.07, § 3; Ater v. Eight Court of Appeals , 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).

Because we lack jurisdiction over this appeal, we direct the Collin County District Clerk to send a copy of the application, the State’s response, and the trial court’s order to the Texas Court of Criminal Appeals.

We dismiss this appeal.

/Robert D. Burns, III/ ROBERT D. BURNS, III Do Not Publish CHIEF JUSTICE T R. PP P. 47.2(b)

210442F.U05

Court of Appeals

JUDGMENT EX PARTE VERA ELIZABETH On Appeal from the 401st Judicial GUTHRIE-NAIL District Court, Collin County, Texas

Trial Court Cause No. 401-80635- 2012. Opinion delivered by Chief Justice Burns. Justices Myers and Garcia participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered June 18, 2021

Case Details

Case Name: Ex Parte: Vera Elizabeth Guthrie-Nail
Court Name: Court of Appeals of Texas
Date Published: Jun 18, 2021
Docket Number: 05-21-00442-CR
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.