Opinion
NO. WR-90,186-02
07-22-2020
IN RE JOSEPH LEE ADKINS, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 18208 IN THE 115TH DISTRICT COURT FROM UPSHUR 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, among other things, that he was never provided with a copy of the trial court's findings of fact and conclusions of law entered in Relator's Article 11.07 habeas application in Upshur County.
This Court has reviewed Relator's other allegations and has determined that they are without merit. --------
Under Article 11.07, §7 of the Texas Code of Criminal Procedure:
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 toTEX. CODE CRIM. PROC. art. 11.07. Pursuant to Article 11.07, §7, the district clerk has a ministerial duty to send a copy of the trial court's findings of fact and conclusions of law to a habeas applicant along with any other answers, motions or pleadings relating to the habeas application.
the applicant a copy of the answer, motion, pleading, or order.
Respondent, the District Clerk of Upshur County, shall state whether Relator was provided with copies of all documents listed in Article 11.07, §7 relating to the WR-90,186-01 habeas proceedings. If Relator was not provided with such copies, Respondent shall immediately send copies to Relator and provide proof of mailing to this Court. 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: July 22, 2020
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