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In Re Brian Tatum v. the State of Texas
Opinion issued April 17, 2025
In The
Court of Appeals For The
First District of Texas ———————————— NOS. 01-25-00255-CR 01-25-00256-CR —————————— IN RE BRIAN O’KEITH TATUM, Relator
Original Proceeding on Petition for Writ of Prohibition
MEMORANDUM OPINION1
Relator Brian O’Keith Tatum has filed a “Writ of Prohibition and Stay of Mandate Pending Review,” complaining about the State’s “non-compliance to
1 The underlying cases are Brian Tatum v. State, Nos. 01-23-00091-CR, 01-23- 00092-CR, 2024 WL 86511 (Tex. App.—Houston [1st Dist.] Jan. 9, 2024, pet. ref’d). This Court affirmed Relator’s convictions in 2024, and the Texas Court of Criminal Appeals refused Tatum’s request for discretionary review the same year. See id.
article 11.07” and arguing that “the criminal trial [should be] remanded for transparency and accuracy.”
Relator’s convictions are final, and the Texas Court of Criminal Appeals has refused his petition for review. See Tatum v State, Nos. 01-23-00091-CR & 01-23-00092-CR, 2024 WL 86511 (Tex. App.—Houston [1st Dist.] Jan. 9, 2024, pet. ref’d). Thus, any relief related to relator’s convictions can only be granted by a post-conviction writ of habeas corpus. Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings, which are governed by Article 11.07 of the Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07; Olivo v. State, 918 S.W.2d 519, 525 n. 8 (Tex. Crim. App. 1996); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). “Courts of appeals have no jurisdiction over post-conviction writs of habeas corpus in felony cases. Article 11.07 contains no role for the courts of appeals.” In re Briscoe, 230 S.W.3d 196, 196 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding) (internal citations omitted).
Accordingly, we dismiss Tatum’s petition for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Caughey. Do not publish. TEX. R. APP. P. 47.2(b).