Opinion

Brown, Charles David

Court
Court of Criminal Appeals of Texas
Filed
Oct 5, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 38.3%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-11,971-05

CHARLES DAVID BROWN, Relator

v.

GRAYSON DISTRICT CLERK , Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 031156-A IN THE 59 TH JUDICIAL DISTRICT COURT

FROM GRAYSON 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 the 59th Judicial District Court of Grayson 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

Grayson 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); or stating that

Relator has not filed an application for habeas corpus in Grayson County. Should the response

include an order designating issues, proof of the date the district attorney's office was served with

the habeas application shall also be submitted with the response. 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: October 5, 2011

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