In Re Andrew Burke v. the State of Texas

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion
filed January 4, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00703-CR

IN RE ANDREW BURKE, Relator

ORIGINAL PROCEEDING
WRIT OF HABEAS CORPUS
458th District Court
Fort Bend County, Texas
Trial Court Cause No. 22-DCR-099866

MEMORANDUM OPINION

On September 22, 2023, relator Andrew Burke filed a petition for writ of
habeas corpus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R.
App. P. 52. Relator seeks a new trial.1

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Relator’s direct appeal of the underlying conviction is pending before this Court in No. 23-
00712-CR.
The courts of appeal have no original habeas-corpus jurisdiction in criminal
matters. In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.]
2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original
jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the
Texas Court of Criminal Appeals, the district courts, the county courts, or a judge
in those courts. Id. (citing Tex. Code Crim. Proc. Ann. art 11.05).

Accordingly, relator’s petition is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant.
Do Not Publish — Tex. R. App. P. 47.2(b).

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