Opinion

Brown, James Gilbert

Court
Court of Criminal Appeals of Texas
Filed
May 7, 2008
Status
Published
Cited by
0 cases
Authority
More cited than 38.2%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,692-01

JAMES GILBERT BROWN, Relator

v.

DALLAS COUNTY DISTRICT CLERK , Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. W05-73416-H(A) IN CRIMINAL DISTRICT COURT NO. 1

FROM DALLAS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original

jurisdiction of this Court. In it, he contends that he filed an application for a writ of habeas corpus

in Criminal District Court No. 1 of Dallas County, that more than 35 days have elapsed, and that the

application has not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of

Dallas County, is ordered to file a response, which may be made by: submitting the record on such

habeas corpus application; submitting a copy of a timely filed order which designates issues to be

investigated, see McCree v. Hampton , 824 S.W.2d 578 (Tex. Crim. App. 1992); by stating that the

nature of the claims asserted in the application filed by Relator is such that the claims are not

cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed an

application for habeas corpus in Dallas County. This application for leave to file a writ of mandamus

shall be held in abeyance until the respondent has submitted the appropriate response. Such response

shall be submitted within 30 days of the date of this order.

Filed: May 7, 2008

Do not publish

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.