Walter Green Jr. v. the State of Texas
Docket 02-26-00066-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 2nd District (Fort Worth)
- Type
- Lead Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- 02-26-00066-CR
Appeal from the trial court's findings and order forwarding an Article 11.07 habeas application to the Court of Criminal Appeals following a recommendation of dismissal.
Summary
The Court of Appeals dismissed Walter Green Jr.’s appeal for lack of jurisdiction. Green had previously been convicted of continuous family violence and later filed an Article 11.07 habeas application challenging his conviction and sentence. The trial court recommended dismissal as a subsequent application and forwarded its findings to the Court of Criminal Appeals, which dismissed the application. Green attempted to appeal the trial court’s findings that were sent to the Court of Criminal Appeals, but the appellate court concluded it lacks jurisdiction over postconviction matters and dismissed the appeal after Green failed to show grounds to proceed.
Issues Decided
- Whether the Court of Appeals has jurisdiction to hear an appeal of a trial court's findings and order related to an Article 11.07 postconviction habeas application.
- Whether a litigant may appeal matters related to postconviction relief after the Court of Criminal Appeals has dismissed the application.
Court's Reasoning
The appellate court explained its jurisdiction in criminal matters is generally limited to appeals from final judgments of conviction and not to postconviction habeas proceedings. Because Texas law vests exclusive authority over Article 11.07 applications with the Court of Criminal Appeals and the Court of Criminal Appeals dismissed Green's application, the intermediate appellate court lacked jurisdiction to review the trial court's forwarded findings. Green was given an opportunity to show grounds to proceed but did not respond, supporting dismissal for want of jurisdiction.
Authorities Cited
- Texas Code of Criminal Procedure article 11.07Tex. Code Crim. Proc. art. 11.07, § 4(a)–(c)
- McKown v. State915 S.W.2d 160 (Tex. App.—Fort Worth 1996, no pet.)
- Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist.910 S.W.2d 481 (Tex. Crim. App. 1995)
Parties
- Appellant
- Walter Green Jr.
- Appellee
- The State of Texas
- Judge
- Elizabeth Kerr
Key Dates
- Original conviction jury verdict year
- 2019-01-01
- Direct appeal disposition (unpublished)
- 2021-04-15
- Habeas application filed
- 2025-12-01
- Court of Appeals decision delivered
- 2026-04-23
What You Should Do Next
- 1
Consult postconviction counsel
Speak with an attorney experienced in Article 11.07 applications to evaluate whether any procedural or substantive grounds remain for relief or for seeking other remedies.
- 2
Review Court of Criminal Appeals dismissal
Obtain the Court of Criminal Appeals' dismissal order to confirm the basis for dismissal and the availability of any corrective filings or motions permitted by that court.
- 3
Consider federal habeas review (if applicable)
If state remedies are exhausted and federal claims exist, consult counsel about the possibility and timing of filing a federal habeas corpus petition, keeping in mind federal statute of limitations and procedural bars.
Frequently Asked Questions
- What did the court decide?
- The appellate court dismissed Green's appeal because it does not have jurisdiction to review postconviction habeas matters sent to the Court of Criminal Appeals.
- Who is affected by this decision?
- Walter Green Jr. is affected because his attempt to appeal the trial court's findings about his habeas application was dismissed; the decision also confirms the appellate court's lack of authority in similar postconviction matters.
- What happens next for Green?
- Because the Court of Criminal Appeals already dismissed his Article 11.07 application, Green has no relief from this intermediate appellate court and would need to pursue any further remedies available in the Court of Criminal Appeals or other appropriate postconviction procedures if any exist.
- Can this dismissal be appealed?
- The opinion indicates the Court of Appeals lacks jurisdiction over these matters, so there is no further appeal from this court; any challenges must be directed to the Court of Criminal Appeals as provided by statute.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00066-CR
___________________________
WALTER GREEN JR., Appellant
V.
THE STATE OF TEXAS
On Appeal from the 432nd District Court
Tarrant County, Texas
Trial Court No. C-432-W012771-1514816-B
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
In 2019, a jury convicted Appellant Walter Green Jr. of continuous violence
against the family. During the punishment phase, the trial court sentenced him to
45 years’ confinement. We affirmed Green’s conviction on direct appeal. See Green v.
State, No. 02-19-00396-CR, 2021 WL 1421443, at *6 (Tex. App.—Fort Worth Apr.
15, 2021, no pet.) (mem. op., not designated for publication).
In December 2025, Green filed an Article 11.07 application for writ of habeas
corpus challenging his conviction and sentence. The trial court recommended that
Green’s application be dismissed as a subsequent application, and the trial-court clerk
forwarded the application and the trial court’s findings and order to the Court of
Criminal Appeals. Subsequently, the Court of Criminal Appeals dismissed Green’s
application without written order. See Tex. Code Crim. Proc. art. 11.07, § 4(a)–(c).
Green attempts to appeal the trial court’s findings and order that were forwarded to
the Court of Criminal Appeals.
In the criminal context, our jurisdiction is generally limited to cases in which
the trial court has signed a judgment of conviction. McKown v. State, 915 S.W.2d 160,
161 (Tex. App.—Fort Worth 1996, no pet.) (per curiam). We do not have jurisdiction
over matters related to postconviction relief from an otherwise final felony
conviction. See Tex. Code Crim. Proc. art. 11.07; Bd. of Pardons & Paroles ex rel. Keene v.
Ct. of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (orig.
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proceeding); Ex parte Prescott, No. 02-20-00066-CR, 2020 WL 1949013, at *1 (Tex.
App.—Fort Worth Apr. 23, 2020, no pet.) (mem. op., not designated for publication).
We called this issue to Green’s attention, and we gave him ten days to show
grounds for continuing his appeal. See Tex. R. App. P. 44.3. But Green has not
responded. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R.
App. P. 43.2(f).
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: April 23, 2026
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