Padieu, Philippe, Relator v. Court of Appeals of Texas, 5th District

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• indicating that the Texas Court of Criminal Appeals has exclusive jurisdiction when an article 11.07 application is pending
• instructing that the Texas Court of 1 Criminal Appeals possesses sole authority to grant relief in a post-conviction habeas corpus proceeding filed in state court
• distinguishing the intermediate appellate court’s authority to order mandamus relief in a case where an article 11.07 application is anticipated but not filed from cases involving active habeas corpus proceedings concerning final felony convictions
• “It is well established that only the Court of Criminal Appeals possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction.”
• “Although the records he seeks may be intended for preparation of an eventual habeas corpus application, the issue here is simply whether the trial judge has a duty to act upon his pending motion.”

Source: CourtListener parenthetical corpus (CC0).