Swisher v. State of Texas - Writ of Mandamus/Prohibition
Summary
The Texas Court of Appeals, 10th District, has dismissed an application for a writ of habeas corpus filed by Bryan Lacy Swisher. The court found it lacked jurisdiction to hear the case, as such jurisdiction rests with the Court of Criminal Appeals or lower courts.
What changed
The Texas Court of Appeals, 10th District, has dismissed an application for a writ of habeas corpus filed by Bryan Lacy Swisher in case number 10-26-00066-CR. The court determined that intermediate appellate courts do not possess original habeas corpus jurisdiction in criminal matters, citing Texas Government Code Section 22.221(d). Jurisdiction for such writs lies with the Court of Criminal Appeals, district courts, or county courts.
This dismissal means that Swisher's claims regarding double jeopardy, actual innocence, and Brady violations will not be heard by this appellate court. Regulated entities, particularly those involved in legal proceedings, should be aware that specific jurisdictional rules govern the filing of such applications, and misfiling can lead to dismissal without a substantive review of the claims.
What to do next
- Ensure all habeas corpus applications are filed with the appropriate court of jurisdiction.
Source document (simplified)
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Top Caption Disposition Lead Opinion The text of this document was obtained by analyzing a scanned document and may have typos.
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March 12, 2026 Get Citation Alerts Download PDF Add Note
In Re Bryan Lacy Swisher v. the State of Texas
Texas Court of Appeals, 10th District (Waco)
- Citations: None known
- Docket Number: 10-26-00066-CR
- Nature of Suit: Writ of Mandamus/Prohibition
Disposition: Dismissed-Want of Jurisdiction
Disposition
Dismissed-Want of Jurisdiction
Lead Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00066-CR
In re Bryan Lacy Swisher
Original Proceeding
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Bryan Lacy Swisher, proceeding pro se, filed a document in this Court
that we construe as an application for writ of habeas corpus. This document
addresses Swisher’s convictions in trial court cause number 2016-774-C1 for
the offenses of continuous sexual abuse of a child and indecency with a child.
See TEX. CODE CRIM. PROC. ANN. art. 11.07.1 Swisher raises claims of double
jeopardy and actual innocence, and argues that the State suppressed evidence
in violation of Brady v. Maryland, 373 U.S. 83 (1963), and knowingly sponsored
perjured testimony.
1We previously affirmed these convictions. See Swisher v. State, No. 10-19-00285-CR, 2020 WL
7867281 (Tex. App.—Waco Dec. 30, 2020, pet. ref’d) (mem. op., not designated for publication).
Intermediate appellate courts do not have original habeas corpus
jurisdiction in criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d).
Jurisdiction to grant a writ of habeas corpus in a criminal case vests with the
Court of Criminal Appeals, the district courts, the county courts, or any judge
in those courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05; Ex parte Braswell,
630 S.W.3d 600, 601-02 (Tex. App.—Waco 2021, orig. proceeding).
Accordingly, we dismiss Swisher’s application for writ of habeas corpus
for want of jurisdiction.
STEVE SMITH
Justice
OPINION DELIVERED and FILED: March 12, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Dismissed
Do not publish
OT06
In re Bryan Lacy Swisher Page 2
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