In Re Johnetta Shanell Lillie Pugh v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00111-CR
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IN RE JOHNETTA SHANELL LILLIE PUGH

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Original Proceeding
252nd District Court of Jefferson County, Texas
Trial Cause No. F-2239902
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MEMORANDUM OPINION

In an original proceeding filed in this Court, Christopher Wiley petitioned for

the issuance of a writ of habeas corpus on the application of Johnetta Shanell Lillie

Pugh. See Tex. Code Crim. Proc. Ann. art. 11.13(b) (“An application for a writ of

habeas corpus may be signed and presented on behalf of an applicant by any person,

who shall be referred to as the petitioner.”). The petition seeks Pugh’s release from

the custody of the Jefferson County Sheriff at the Jefferson County Jail, where Pugh

allegedly is being held on an arrest warrant out of the 252nd District Court of

Jefferson County, Texas.

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The Clerk of the Court issued a notice that the Court would dismiss the

original proceeding for lack of jurisdiction unless, by April 10, 2024, the Court

received a response that shows grounds for this Court to exercise original or

appellate jurisdiction. No response has been filed.

A Court of Appeals is not one of the courts with the authority to issue a writ

of habeas corpus in a criminal case. See Tex. Code Crim. Proc. Ann. art. 11.05. Our

original jurisdiction to issue a writ of habeas corpus is limited to contempt orders in

civil cases. See Tex. Gov’t Code Ann. § 22.221(d). Pugh has not identified a final

judgment or an appealable order from which Pugh might perfect a timely appeal at

this time. See Tex. Code Crim. Proc. Ann. art. 44.02; see also Tex. R. App. P. 25.2.

Neither our original jurisdiction nor our appellate jurisdiction is implicated in the

habeas corpus petition filed with this Court. Accordingly, we dismiss the petition for

lack of jurisdiction.

PETITION DISMISSED.

PER CURIAM

Submitted on May 7, 2024
Opinion Delivered May 8, 2024
Do Not Publish

Before Golemon, C.J., Horton and Wright, JJ.

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