In re Joe Flores v. State of Texas - Habeas Corpus Dismissal
Summary
The Texas Court of Appeals, Third District dismissed Joe Flores's pre-trial habeas corpus application for lack of jurisdiction. The court held that original habeas corpus jurisdiction in criminal proceedings is limited to the Court of Criminal Appeals, district courts, and county courts under Texas Code of Criminal Procedure article 11.05, and that intermediate appellate courts have only appellate jurisdiction in criminal habeas matters.
What changed
The Texas Court of Appeals, Third District dismissed Relator Joe Flores's application for a pre-trial writ of habeas corpus (Docket No. 03-26-00252-CV) seeking immediate release from confinement at the Travis County Correctional Complex. The court found it lacked original habeas corpus jurisdiction in criminal cases, citing Texas Constitution article V, section 6, Texas Government Code section 22.221(d), and Texas Code of Criminal Procedure article 11.05. The court referenced its recent decision in Houston v. State (2026) affirming that intermediate appellate courts have only appellate jurisdiction in criminal habeas matters.\n\nThis is a straightforward procedural dismissal with no implications for regulated entities. The decision clarifies that habeas corpus applications in criminal proceedings must be filed with the Court of Criminal Appeals, district courts, or county courts—not intermediate appellate courts. No compliance actions are required.
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March 27, 2026 Get Citation Alerts Download PDF Add Note
In Re Joe Flores v. the State of Texas
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-26-00252-CV
- Nature of Suit: Habeas Corpus
Disposition: Dismissed for Want of Jurisdiction
Disposition
Dismissed for Want of Jurisdiction
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00252-CV
In re Joe Flores
FROM THE 450TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-23-208938, THE HONORABLE BRAD URRUTIA, JUDGE PRESIDING
MEMORANDUM OPINION
Relator Joe Flores filed an application for a pre-trial writ of habeas corpus in this
Court, seeking immediate release from his confinement in the Travis County Correctional
Complex pursuant to article 11.08 of the Texas Code of Criminal Procedure. However, original
habeas jurisdiction in a criminal proceeding is limited to the court of criminal appeals, the
district courts, and the county courts. Tex. Code Crim. Proc. art. 11.05. “This Court lacks
original habeas corpus jurisdiction in criminal cases.” Houston v. State, No. 03-24-00557-CR,
--- S.W.3d ---, 2026 WL 63108, at *15 n.6 (Tex. App.—Austin Jan. 8, 2026, no pet. h.) (first
citing Tex. Const. art. V, § 6; then citing Tex. Gov’t Code § 22.221(d); and then citing Tex.
Code Crim. Proc. art. 11.05). “As an intermediate appellate court, our habeas corpus jurisdiction
in criminal matters is appellate only.” Id. (first citing Tex. Gov’t Code § 22.221(d); and then
citing In re Wilkins, No. 03-20-00381-CV, 2020 WL 5608486, at *1 (Tex. App.—Austin
Sept. 17, 2020, orig. proceeding) (mem. op.)). Thus, this Court lacks jurisdiction over Flores’s
application for writ of habeas corpus. See id.; Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—
Amarillo 2009, no pet.). Accordingly, we dismiss Flores’s application for writ of habeas corpus
for lack of jurisdiction.
Maggie Ellis, Justice
Before Justices Triana, Kelly, and Ellis
Filed: March 27, 2026
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