Opinion
WR-51,286-04
05-17-2023
IN RE DAVID HAROLD ELSE, JR., Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. W98-02347-U(A) IN THE 291ST DISTRICT COURT FROM DALLAS COUNTY
ORDER
PER CURIAM.
Relator has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. In it he contends that when he filed his -03 application for a writ of habeas corpus in Dallas County on November 23, 2021, it included a memorandum and labeled exhibits. However, Relator alleges that the record forwarded to this Court by the Dallas County District Clerk did not include Relator's memorandum, one of Relator's pages of exhibits, or the pages labeling each exhibit by letter.
Respondent, the District Clerk of Dallas County, shall state whether the Article 11.07 habeas application filed by Relator in the trial court on November 23, 2021, included a memorandum, pages labeling each of Relator's exhibits, and three pages of an exhibit designated as Relator's "Exhibit A." If those documents were included in the record of the habeas application filed in the district court, the Dallas County District Clerk shall state why those documents were not included in the record forwarded to this Court. If those documents were part of the record filed by Relator on November 23, 2021, or were filed as supplemental records in the district court, the Dallas County District Clerk shall immediately forward copies of those documents to this Court. See Tex. Code Crim. Proc. art. 11.07, § 3(c) and (d); Tex.R.App.P. 73.4(b)(5). This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order.