Opinion

Brown, Lee Roy

Court
Court of Criminal Appeals of Texas
Filed
Jun 13, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 38.3%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-57,998-02

LEE ROY BROWN, Relator

v.

DALLAS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. F-0100206-QT IN THE 283RD DISTRICT COURT

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 the 283rd District Court 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. 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, 579 (Tex. Crim. App. 1992)), or stating that

Relator has not filed an application for a writ of habeas corpus in Dallas 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 Respondent has submitted the

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

Filed: June 13, 2012

Do not publish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.