By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law

2003 Case Summaries     2002 Case Summaries     2001 Case Summaries     2000 Case Summaries     1999 Case Summaries

Court of appeals has no original habeas jurisdiction in juvenile case [In re L.L.] (04-1-07).

On December 10, 2003, the San Antonio Court of Appeals held that it lacks jurisdiction in an original habeas corpus action challenging a juvenile court order of detention.

04-1-07. In re L.L., UNPUBLISHED, No. 04-03-00895-CV, 2003 WL 22905193, 2003 Tex.App.Lexis ___ (Tex.App.-San Antonio 12/10/03) Texas Juvenile Law (5th Ed. 2000).

L.L., a juvenile, seeks habeas relief from the trial court's order detaining L.L. despite the recommendation by L.L.'s probation officer that he be continued on electronic monitoring release. This court only has original jurisdiction to issue a writ of habeas corpus when it appears that a person is restrained in his liberty "by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case." Tex. Gov't Code Ann. § 22.221 (Vernon Supp.2003); see also Tex. Const. art. V, § 6 (courts have such jurisdiction, original and appellate, as may be prescribed by law); In re S.G., 935 S.W.2d 919, 922 n. 1 (Tex.App. San Antonio 1996, writ dism'd w.o.j.) (noting in appeal from trial court's order denying habeas relief in a juvenile delinquency case that court of appeals would not have original jurisdiction to issue a writ of habeas corpus in those circumstances). Although we do not have original habeas jurisdiction to consider a trial court's detention order, we would have jurisdiction to consider an appeal from a trial court's ruling on the merits of a habeas application challenging a juvenile detention order. See In re S.G., 935 S.W.2d at 923; In re M.C., 915 S.W.2d 118 (Tex.App.--San Antonio 1996, no writ). Because we do not have original jurisdiction to consider L.L.'s application for habeas corpus relief, the application is dismissed for lack of jurisdiction.

2003 Case Summaries     2002 Case Summaries     2001 Case Summaries     2000 Case Summaries     1999 Case Summaries