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Ex parte Jagneaux

The Beaumont Court of Appeals reviewed for an abuse of discretion the trial court's decision to deny habeas relief on a claim that article 17.151 of the Texas Code of Criminal Procedure was violated. Because the record reflects Jagneaux was being detained pending trial on the third-degree felony as to which the applicable period had not yet elapsed when the application was denied, the district court did not abuse its discretion in denying the relief requested. Beaumont Court of Appeals, No. 09-10-00160-CR, 05-26-2010

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OPINION

The trial court denied Jeffrey Jagneaux‟s application for habeas corpus. Jagneaux is confined in county jail pending trial in three cases. He sought pre-trial release through a reduction of bail.

This Court‟s jurisdiction depends on whether the trial court ruled on the merits of the application for habeas relief, rather than simply ruling on the request for issuance of a writ. See Ex parte Hargett, 819 S.W.2d 866, 868-69 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). Issuing the writ of habeas corpus is not the same as determining the merits of the habeas claim. See Hargett, 819 S.W.2d at 869. The writ is an order directed to anyone having a person in custody to produce the person at a time and place stated in the order, and to show why the person is held in custody. Ex parte Williams, 200 S.W.3d 819, 820 n.2 (Tex. App.–Beaumont 2006, no pet.). The trial court must grant the writ without delay unless it is manifest from the application, or some document annexed to it, that the party is entitled to no relief whatsoever. Id. When a court decides the merits of the application, the court is considered to have issued the writ and has rendered a final judgment in the separate habeas corpus action. See Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005) (orig. proceeding) (citing 43B GEORGE E. DIX & ROBERT O. DAWSON, TEXAS PRACTICE: CRIMINAL PRACTICE AND PROCEDURE § 47.51, at 219-20 (2d ed. 2001)). “”An order denying relief on the merits is a final judgment in the habeas corpus proceeding’” and “”is immediately appealable by the unsuccessful petitioner.‟” Id.; see Ex parte Williams, 200 S.W.3d at 820 (“An appeal is available only if the trial court considers and resolves the merits of the petition.”); see also Hargett, 819 S.W.2d at 868-69.

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