Summary
recognizing that the first joint emergency orders of the Supreme Court and the Court of Criminal Appeals during COVID-19 extended deadlines to file article 11.07 applications for writs of habeas corpus
Summary of this case from Ex parte K.W.Opinion
NO. WR-31,789-04
04-29-2020
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 1471570-A IN THE 178TH DISTRICT COURT FROM HARRIS COUNTY Per curiam. ORDER
Relator has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. He contends that he filed an application for a writ of habeas corpus in Harris County and his application has not been properly forwarded to this Court.
Respondent, the District Clerk of Harris County, shall forward Relator's habeas application to this Court, respond that Relator has not filed a habeas application in Harris County, or forward a copy of an order designating issues together with correspondence documenting the date the State received Relator's habeas application, or forward a copy of an order establishing new deadlines in accordance with this Court's emergency orders regarding the COVID-19 State of Disaster. See TEX. CODE CRIM. PROC. art. 11.07, § 3(c) and (d); TEX. R. APP. P. 73.4(b)(5); First Emergency Order Regarding the Covid-19 State of Disaster, No. 20-9042 (Tex. Mar. 13, 2020); No. 20-007 (Tex. Crim. App. Mar. 13, 2020); Third Emergency Order Regarding the Covid-19 Disaster, No. 20-9044 (Tex. Mar. 19, 2020); No. 20-008 (Tex. Crim. App. Mar. 19, 2020). This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order. Filed: April 29, 2020
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