In Re Austin Mark Weaver v. the State of Texas

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
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No. 02-25-00394-CV
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IN RE AUSTIN MARK WEAVER, Relator

Original Proceeding
371st District Court of Tarrant County, Texas
Trial Court No. 1863731

Before Womack, Birdwell, and Wallach, JJ.
Per Curiam Memorandum Opinion on Rehearing
MEMORANDUM OPINION ON REHEARING

After we issued our August 7, 2025 memorandum opinion denying relator’s

“Petition for Writ of Habeas Corpus”––filed as an original proceeding instead of a

direct appeal from a trial court order––the State filed a “State’s Motion for

Rehearing.” We deny that motion, but we also withdraw our August 7, 2025

memorandum opinion and substitute the following to clarify the disposition.

The court has considered relator’s Petition for Writ of Habeas Corpus and is of

the opinion that relief should be denied because this court lacks jurisdiction to grant

relief. See Tex. Code Crim. Proc. Ann. art. 11.05; Tex. Gov’t Code Ann. § 22.221(a),

(d). Accordingly, relator’s Petition for Writ of Habeas Corpus is denied. See Tex. R.

App. P. 52.8(a).

Per Curiam

Delivered: September 15, 2025

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