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In re Nickerson

Court of Appeals of Texas, Fifth District, Dallas

December 16, 2013

IN RE KEITH NICKERSON, Relator

Original Proceeding from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F-9204999-NR

Before Justices Moseley, Fillmore, and Brown

MEMORANDUM OPINION

ROBERT M. FILLMORE JUSTICE

Relator files his petition for writ of mandamus seeking to compel the 265th Judicial District Court and the Court of Criminal Appeals to rule on his writs of habeas corpus. The facts and issues are well known to the parties, so we need not recount them herein. This Court does not have mandamus jurisdiction over matters arising from post-conviction habeas corpus proceedings. Only the convicting court and the Court of Criminal Appeals have jurisdiction in such cases. Tex. Code Crim. Proc. Ann. art. 11.07 (West 2005); In re Curry, No. 05-08-00064-CV, 2008 WL 311018, at *1 (Tex. App.–Dallas Feb. 5, 2008, orig. proceeding) ...


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