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Jackson v. Johnson

The procedural mechanism for resolving disputes over time credits when the time for direct appeal has passed is the procedure outlined in Tex. Gov't Code Ann. '501.0081 followed by a petition for writ of habeas corpus; such a claim is not cognizable in an ordinary civil action.

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OPINION

John Eric Jackson appeals the dismissal of his suit against Gary Johnson, in his capacity as director of the Texas Department of Criminal Justice-Institutional Division (TDCJ), and Victor Rodriguez, in his capacity as chairman of the Texas Board of Pardons and Paroles. In his petition, Jackson contends he was deprived of credit on his sentence for his pretrial confinement, and he sought credit to his sentence for that time. The trial court dismissed his suit under Tex. Civ. Prac. & Rem. Code Ann. � 14.003(a), (b) (Vernon Supp. 2002), finding that his claim had only a very slight chance of ultimate success, that it had no arguable basis in law or fact, and that Jackson could not prove facts to support it.

The normal procedural mechanism for resolving disputes over time credits when the time for direct appeal has passed has historically been by a post-conviction petition for writ of habeas corpus, see Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2002), and more recently, by resorting first to the procedure outlined in Tex. Gov’t Code Ann. � 501.0081 (Vernon Supp. 2002) before pursuing the writ. See Ex parte Millard, 48 S.W.3d 190, 191-92 (Tex. Crim. App. 2001); see also Ex parte Ruthart, 980 S.W.2d 469, 470 (Tex. Crim. App. 1998). Petitions for post-conviction writs of habeas corpus must be filed in the trial court in which the conviction was obtained, made returnable to the Texas Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07. Courts of appeals have no jurisdiction over post-conviction writs of habeas corpus in felony cases. See Id.; Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-San Antonio 1998, orig. proceeding); Maye v. State, 966 S.W.2d 140, 143 (Tex. App.-Houston [14th Dist.] 1998, no pet.).

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