Ex Parte Saundra Lee Marcoot v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledOctober 29, 2026
Docket11-26-00248-CR
StatusPublished
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Full Opinion
Opinion filed October 29, 2026
In The
Eleventh Court of Appeals
__________
Nos. 11-26-00248-CR & 11-26-00249-CR
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EX PARTE SAUNDRA LEA MARCOOT
Original Proceeding
MEMORANDUM OPINION
On September 4, 2026, Saundra Lea Marcoot filed two “Petition[s] for Writ
of Habeas Corpus” in this court that relate to her underlying conviction for
retaliation, a third-degree felony. See TEX. PENAL CODE ANN. § 36.06(a)(1)(A), (c)
(West Supp. 2026); Marcoot v. State, No. 11-24-00268-CR, 2026 WL 2434848, at
*1 (Tex. App.—Eastland Aug. 20, 2026, no pet. h.) (mem. op., not designated for
publication); see also TEX. CODE CRIM PROC. ANN. art. 11.07 (West Supp. 2026)
(relating to postconviction applications for writ of habeas corpus). In the first
application, she asserts that her constitutional rights were violated when a “bailiff
serv[ed] simultaneously as a primary prosecution witness and a courtroom or jury
handler.” In the second, she asserts that her previous counsel rendered ineffective
assistance.
This court has no jurisdiction over Marcoot’s original applications for writ of
habeas corpus. This court’s authority to exercise original jurisdiction is limited. See
TEX. CONST. art. V, §§ 5, 6 (providing that the Court of Criminal Appeals has the
power to issue writs of habeas corpus and that intermediate courts of appeals have
only original jurisdiction as prescribed by law); TEX. GOV’T CODE ANN. § 22.221
(West Supp. 2026) (limited writ powers granted to the courts of appeals); CRIM.
PROC. art. 11.05 (providing that district courts, county courts, and the Court of
Criminal Appeals have power to issue writs of habeas corpus).
When these original proceedings were docketed, we informed Marcoot by
letter that this court does not have original jurisdiction in a criminal case. We
requested Marcoot to respond and show grounds to continue the original
proceedings, if any. Instead of a response, Marcoot filed a “Motion to Accept Late
Filing” and attached a postconviction writ application pursuant to Article 11.07 in
each proceeding. See CRIM. PROC. art. 11.07. As a result, she has not presented
grounds to continue the original proceedings in this court.
This court is without jurisdiction to consider Marcoot’s applications for
habeas corpus relief.1 Accordingly, we dismiss these original proceedings for want
of jurisdiction. Marcoot’s pending motions are dismissed as moot.2
W. BRUCE WILLIAMS
JUSTICE
October 29, 2026
Do not publish. See TEX. R. APP. P. 47.2(b)
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
1
We additionally note that we have addressed at least one of the grounds on which she seeks relief
in the direct appeal from her conviction. See Marcoot, 2026 WL 2434848, at *13.
2
Because the attachments to her motions appear to be applications for writs of habeas corpus
pursuant to Article 11.07 of the Code of Criminal Procedure, the clerk of this court will return the 11.07
writ applications to Marcoot for her to file in the appropriate court. See CRIM. PROC. art. 11.07, § 3.
2