TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00458-CR
Ex parte Everett James Smith
FROM THE 264TH DISTRICT COURT OF BELL COUNTY,
NO. 25DCR91537, THE HONORABLE PAUL LEPAK, JUDGE PRESIDING
MEMORANDUM OPINION
Everett James Smith seeks appellate review of his pretrial writ of habeas corpus
filed in his criminal case. See Tex. Code Crim. Proc. Art. 11.08; Tex. R. App. Proc. 31. The
trial court has certified that Smith’s criminal case “is pending, and the court has made no
rulings.” The record reflects that the trial court has not yet ruled on Smith’s pretrial habeas
corpus application. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R.
App. P. 31.3. To the extent Smith is attempting to file an original pretrial habeas corpus petition
arising from his criminal case, it is also dismissed for lack of jurisdiction. See Ex parte
Bhardwaj, 575 S.W.3d 915 (Tex. App.—Waco 2019, no pet.); cf. Tex. Gov’t Code § 22.221(d)
(providing that court of appeals have original jurisdiction to issue writs of habeas corpus in
certain civil cases).
__________________________________________ Chief Justice Darlene Byrne
Before Chief Justice Byrne, Justices Crump and Ellis
Dismissed for Want of Jurisdiction
Filed: July 10, 2025
Do Not Publish
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