Martin v. Red River Dist. Clerk

Full title: DANNY WAYNE MARTIN, Relator v. RED RIVER DISTRICT CLERK, Respondent

Court: Court of Criminal Appeals of Texas

Date published: Jun 27, 2007

No. WR-64,886-03 (Tex. Crim. App. Jun. 27, 2007)

Opinion

No. WR-64,886-03

Delivered: June 27, 2007. DO NOT PUBLISH.

On Application for a Writ of Mandamus, Cause No. CR00034-HC-2 in the 102^nd Judicial District Court from Red River County.

ORDER

PER CURIAM.

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 writ of habeas corpus in the 102^nd Judicial District Court of Red River County, that the application has been forwarded to and received by this Court, and remanded twice to the trial court, but that the District Clerk of Red River County has not provided him with copies of any answers, motions or pleadings filed by the State, or orders entered by the trial court relating to the writ. Tex. Code Crim. Proc. art. 11.07 § 7.¹ In these circumstances, additional facts are needed. The respondent, the District Clerk of Red River County, is ordered to provide written proof that copies of any such documents have been sent to Relator. 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.

1 Article 11.07, § 7 states:
When the attorney for the state files an answer, motion, or other pleading relating to an application for a writ of habeas corpus or the court issues an order relating to an application for a writ of habeas corpus, the clerk of the court shall mail or deliver to the applicant a copy of the answer, motion, pleading, or order.