Opinion
WR-76,831-04
11-13-2024
IN RE CORANDO CHAPA JR., Relator
On Application for a writ of Mandamus Cause No. 1195 in the 49th District Court from Zapata County
ORDER
PER CURIAM.
In an original mandamus application, Relator claimed that he filed an application for a writ of habeas corpus in Zapata County, but his application had not been forwarded to this Court. See Tex. Code Crim. Proc. art. 11.07. This Court held Relator's application in abeyance and ordered the Zapata County District Clerk to respond. Despite reminders, no response was received. This Court issued an Order and Notice to the District Clerk to Show Cause and File Response.
The District Clerk has provided a response. She states that her office never received Relator's habeas application or this Court's abeyance order. She attaches docket sheets showing no recording of the habeas application, this Court's abeyance order, or the two reminder letters sent to her from this Court's Clerk. This Court finds the District Clerk credible. Although not explicitly stated in the District Clerk's response, it appears that this Court's abeyance order and the reminder letters may have been electronically delivered to an unmonitored email address. To prevent future communication issues, this Court has updated its records with the correct contact information for the District Clerk.
Nothing indicates why Relator's habeas application, if properly mailed, was not delivered to the District Clerk. Nevertheless, because the District Clerk never received Relator's underlying habeas application, leave to file for mandamus relief is denied. Nothing prevents Relator from sending another habeas application to the convicting court in Zapata County through the District Clerk's Office. Such an application shall proceed under Article 11.07 of the Texas Code of Criminal Procedure. To ensure proper receipt and processing, Relator may send his filings via certified mail with return receipt requested to the Zapata County District Clerk's Office located at 200 E. 7th Ave., Ste. 119, Zapata, Texas 78076.
Regarding this Court's Order and Notice to the District Clerk, this Court will not hold the District Clerk in contempt. This Court finds that the District Clerk's failure to respond was due to a communication error rather than willful disregard of this Court's order. It is important for district clerks to maintain their correct contact information and email addresses with all the higher courts.