In Re Thomas Dione Moore v. the State of Texas
Docket 10-26-00126-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 10th District (Waco)
- Type
- Lead Opinion
- Case type
- Habeas Corpus
- Disposition
- Dismissed
- Docket
- 10-26-00126-CR
Original proceeding (petition for writ of habeas corpus/mandamus) filed in the Tenth Court of Appeals seeking relief against the 20th District Court in Milam County
Summary
The Tenth Court of Appeals dismissed Thomas Dione Moore's petition seeking mandamus relief because the challenged district court (the 20th District Court of Milam County) lies outside the geographic jurisdiction of the Tenth Court. The court explained it lacks writ jurisdiction to issue mandamus against a court located in a different appellate district under the cited statutory provisions, and therefore the petition cannot proceed in this court. The opinion was delivered April 9, 2026.
Issues Decided
- Whether the Tenth Court of Appeals has jurisdiction to issue a writ of mandamus against the 20th District Court of Milam County
- Whether a petition for writ of habeas corpus filed in the Tenth Court can proceed when the underlying court is outside the Tenth Court's geographic district
Court's Reasoning
The court relied on statutory geographic limits on the Tenth Court's jurisdiction, noting the 20th District Court is not within the counties assigned to this appellate district. Because the challenged court lies outside the Tenth Court's district, the court lacks freestanding writ jurisdiction under the cited statutes and precedent. That jurisdictional defect compelled dismissal of the petition.
Authorities Cited
- Texas Government Code § 22.201(k)TEX. GOV'T CODE §22.201(k)
- In re JacksonNo. 08-20-00026-CV, 2020 WL 562983 (Tex. App.—El Paso Feb. 5, 2020)
Parties
- Petitioner
- Thomas Dione Moore
- Judge
- Justice Lee Harris
- Judge
- Chief Justice Johnson
- Judge
- Justice Smith
Key Dates
- Opinion delivered and filed
- 2026-04-09
What You Should Do Next
- 1
File in the proper appellate district
Determine which Court of Appeals has jurisdiction over Milam County (the district that includes the 20th District Court) and refile the petition there.
- 2
Consult counsel
Seek legal advice to confirm the correct venue and to ensure the petition is properly framed for mandamus or habeas relief in the appropriate appellate court.
- 3
Check statutory and procedural requirements
Confirm applicable deadlines, filing requirements, and any local rules for the correct appellate district before refiling.
Frequently Asked Questions
- What did the court decide?
- The court dismissed Moore's petition because it lacks jurisdiction to issue the requested writ against a court located outside its geographic appellate district.
- Who is affected by this decision?
- Thomas Dione Moore is directly affected; other parties seeking mandamus against courts outside the Tenth Court's district are similarly subject to the court's jurisdictional limits.
- What happens next for the petitioner?
- Moore would need to file his petition in the appropriate court of appeals that has jurisdiction over Milam County or pursue relief in a court with proper authority.
- Can this decision be appealed?
- This dismissal is a jurisdictional ruling by the Tenth Court; the appropriate next step is to seek relief in the appellate district that covers the 20th District Court rather than appealing this dismissal within the Tenth Court.
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
Court of Appeals
Tenth Appellate District of Texas
10-26-00126-CR
In re Thomas Dione Moore
Original Proceeding
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Thomas Moore filed a document entitled “Petition for Writ of Habeas
Corpus” in which he seeks mandamus relief relating to a pending proceeding
in the 20th District Court in Milam County, Texas. The 20th District Court is
located outside the geographic district for the Tenth Court of Appeals. See TEX.
GOV'T CODE §22.201(k) (granting this Court jurisdiction over the counties of
Bosque, Burleson, Brazos, Coryell, Ellis, Falls, Freestone, Hamilton, Hill,
Johnson, Leon, Limestone, Madison, McLennan, Navarro, Robertson,
Somervell, and Walker). As such, we are without freestanding writ jurisdiction
under Section 22.221(b)(1) to issue a writ of mandamus against the 20th
District Court of Milam County because it is outside of the Tenth Court of
Appeals District. See In re Jackson, No. 08-20-00026-CV, 2020 WL 562983,
2020 Tex. App. LEXIS 1003 (Tex. App.—El Paso Feb. 5, 2020, no pet.). This
petition is dismissed for want of jurisdiction.
LEE HARRIS
Justice
OPINION DELIVERED and FILED: April 9, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Dismissed
Do not publish
OT06
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