Ex Parte Michael Dewayne Wilkerson v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledJuly 28, 2026
Docket01-25-00496-CR
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Opinion issued July 28, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NOS. 01-25-00496-CR
01-25-00497-CR
———————————
EX PARTE MICHAEL DEWAYNE WILKERSON
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Case Nos. 1912473 & 1912475
MEMORANDUM OPINION
Michael Dewayne Wilkerson appeals from the trial court’s denial of his
pretrial petition for a writ of habeas corpus seeking a reduction in the amount of bail.
But because the two underlying criminal cases no longer remain pending in the trial
court, the amount of bail the trial court imposed in those two cases has become moot.
We therefore dismiss these correspondingly moot appeals for lack of jurisdiction.
BACKGROUND
Wilkerson filed the two instant appeals, asking this court to reduce the amount
of bail imposed by the trial court in two cases. The trial court imposed bail of
$1,000,000 in connection with a capital murder charge in Cause No. 189323301010
and $250,000 in connection with a tampering with evidence charge in Cause No.
189323501010. Wilkerson asked that we set the total amount of bail at $150,000.
However, the Harris County District Clerk’s website shows that Wilkerson
pled guilty to a reduced charge of murder in Cause No. 189323301010. The trial
court signed a judgment of conviction in that case on June 10, 2026. On the same
date, the trial court dismissed Cause No. 189323501010 on the State’s motion.
DISCUSSION
An appeal from the denial of a pretrial petition for a writ of habeas corpus
seeking a reduction in the amount of bail becomes moot when the underlying
criminal case no longer remains pending. See, e.g., Ex parte Berber, No. 01-16-
00165-CR, 2016 WL 3165628, at *1 (Tex. App.—Houston [1st Dist.] June 7, 2016,
no pet.) (mem. op., not designated for publication) (conviction renders moot an
appeal from the denial of a pretrial writ of habeas corpus seeking bail reduction); Ex
parte Williams, No. 14-03-00482-CR, 2004 WL 349928, at *1 (Tex. App.—Houston
[14th Dist.] Feb. 26, 2004, no pet.) (mem. op., not designated for publication)
(defendant’s guilty plea and dismissal of other charges against him rendered moot
2
appeal from the denial of a pretrial writ of habeas corpus seeking bail reduction).
We issued notices of our intent to dismiss these appeals as moot, giving
Wilkerson ten days to show they had not become moot. These ten days have passed,
and Wilkerson has not filed a response. Thus, we hold that his appeals are moot.
CONCLUSION
We dismiss these moot appeals for lack of subject-matter jurisdiction.
David Gunn
Justice
Panel consists of Justices Gunn, Caughey, and Morgan.
Do not publish. TEX. R. APP. P. 47.2(b).
3