In Re Kenneth Dewanye Baze v. the State of Texas
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledMay 21, 2026
Docket10-26-00180-CR
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00180-CR
In re Kenneth Dewanye Baze
Original Proceeding
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Kenneth Dewanye Baze asks this Court to grant habeas corpus relief
pursuant to article 11.08 of the Texas Code of Criminal Procedure and order
the trial court to release Baze because of alleged constitutional violations
resulting in Baze’s arrest.
Initially, we note that the petition for writ of habeas corpus was
not properly served. A copy of all documents presented to the Court must
be served on all parties to the proceeding and must contain proper proof of
service. TEX. R. APP. P. 9.5(a). This Court is not a party to the proceeding.
Nevertheless, we use Rule 2 to expedite the disposition of this proceeding. TEX.
R. APP. P. 2. Future documents presented for filing by Baze without a proper
proof of service will not be filed or otherwise acted upon.
Jurisdiction to grant a writ of habeas corpus in a criminal case vests with
the Court of Criminal Appeals, the district courts, the county courts, or any
judge in those courts. See TEX. CODE CRIM. PROC. art. 11.05; Ex parte Hawkins,
885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding). Thus, courts
of appeals, such as this Court, have no original habeas-corpus jurisdiction in
criminal matters. Id. See also In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—
Amarillo 2017, orig. proceeding); In re Ayers, 515 S.W.3d 356 (Tex. App.—
Houston [14th Dist.] 2016, orig. proceeding). Because this Court does not have
original habeas corpus jurisdiction, we cannot rule on Baze’s request to grant
habeas corpus relief.
Accordingly, we dismiss this proceeding.
LEE HARRIS
Justice
OPINION DELIVERED and FILED: May 21, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Dismissed
Do Not Publish
OT06
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