## NO. 12

- 21

- 00088

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

EX PARTE: EDWARD COLEMAN, JR. , RELATOR § § § ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Edward Coleman, Jr., acting pro se, filed an application for writ of habeas corpus with this Court, in which h e contends his right to a speedy trial has been violated in trial cou rt cause number 2021

- 0035, currently pending in the trial cou rt

. 1 The Texas Government Code provides as follows:

Concurrently with the supreme c ourt, the court of appeals of a court of appeals district in which a person is restrained in his liberty, or a j ustice o f the court of appeals, may issue a writ of habeas corpus when it appears that the restraint of liberty is by virtue of an order, proces s, or com mitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, r endered, or entered by the court or judge in a civil case.

T EX

. G OV ’ T C ODE A NN

. § 22.221(d) (West Supp. 2020 ). Thus, the original juri sdiction of courts of appeals to issue a writ of habeas corpus is limited to those cases in whi ch a per son’s liberty is restrained because the person violated an order, judgment, or decree entered in a civil case. Id

. Consequently, court s of appeals do not have original habeas corpus jurisdiction in criminal law

matters. In re Ayers , 515 S.W.3d 356 (Tex. A pp.

– Hous ton [14th Dist.] 2016, orig. proceeding)

. Because Relator seeks habeas relief in a criminal proceeding, we are without jurisdiction to consider his appl ication. Accordingly, we dismiss his application for want of jurisdiction

. See Ex parte Sampson

, No. 12

- 17

- 00227

- CR, 2017 WL 3225061 (Tex. App.

— Tyler July 31, 2017,

1 Respondent is the Hon orable Robert K. Inselmann, Jr., Judge of the 21 7th District Court in Angelina County, Texas. The State of Texas is the Real Party in Interest.2 orig. proceeding) (mem. op., not designated for publication) (per curi am); see also In re Baugh , No. 12

– 09

– 00122

– CR, 2009 WL 1687630 (Tex. App.

– Tyler June 17, 2009, orig. proceeding) (mem. op. , not de signated for publication) (per curiam). Opinion delivered June 30, 2021. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)3 

## COURT OF AP PEALS

TWELFTH COURT OF APPEALS DISTRICT O F TEXAS

JUDGMENT

JUNE 30 , 2021

NO. 12

- 21

- 00088

- CR

EDWARD COLEMAN, JR. , Relator V.

HON. ROBERT K. INSELMANN, JR. , Respondent

O RIGINAL P ROCEEDING

ON THIS DAY came to be heard the application for writ of habeas corpus filed by Edward Coleman, Jr. ; who is the relator in appellate cause numbe r 12

- 21

- 00088

- CR and the
defendant in trial court cause number 2021

- 0035 , pending on the d ocket of the 217th Judicial
District Court of Angelina County , Texas. Said application for writ of habeas corpus having
been fil e d herein on June 11, 2021 , and the same having b een duly considered, because it is the opinion of this Court that it lacks jur isdiction, it is therefore CONSIDERED, ADJUDGED and
ORDERED that the said application for writ of habeas corpus be, and the same i s, hereby dismissed for want of jurisdiction

. By per cur iam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J

.