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in Re Brett David Bogus
Citation: Not availableDocket: 14-16-00576-CR
Court: Court of Appeals of Texas; September 13, 2016; Texas; State Appellate Court
Original Court Document: View Document
The petition for writ of mandamus filed by Brett David Bogus was dismissed by the Fourteenth Court of Appeals on September 13, 2016. Bogus sought mandamus relief against the Honorable Susan Brown and Honorable Stacey Bond, claiming they failed to appoint effective appellate counsel for his theft conviction appeal. A hearing on August 5, 2016, revealed that Bogus's former counsel was unable to practice law due to medical reasons, leading the trial court to appoint new counsel, thus mootifying Bogus's request for new counsel. Additionally, Bogus sought to reverse his conviction and obtain a judgment of acquittal due to alleged constitutional violations, requesting habeas corpus relief. The court clarified that it lacks original jurisdiction over habeas corpus matters in criminal cases, which is reserved for the Texas Court of Criminal Appeals or specific district and county courts. Consequently, the court dismissed the mandamus petition, affirming its lack of jurisdiction to address the habeas corpus claims. The decision was made per curiam, involving Chief Justice Frost and Justices Boyce and McCally, and was published under Texas Rule of Appellate Procedure 47.2(b).