Opinion
WR-93,789-03
04-12-2023
IN RE LATRELL MARQUER FORT, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NOS. W19-45201-I(A) & W19-45202-I(A) IN THE CRIMINAL DISTRICT COURT NO. 2 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. Relator complains that the trial court is failing to comply with this Court's remand orders dated June 8, 2022.
Relator filed two habeas applications requesting late appeals (this Court's cause nos. WR-93,789 -01 and -02). According to Dallas County online records, the cases were not subject to plea bargains, and Relator had a right to appeal them. This Court remanded the habeas applications to the trial court on June 8, 2022. This Court ordered the trial court to obtain a response from trial counsel regarding the claims and to make findings of fact and conclusions of law as to whether Applicant was denied his right to appeal the convictions because trial counsel failed to timely file notices of appeal.
The trial court was to complete its evidentiary investigation and return the habeas applications to this Court by September 6, 2022. The habeas applications have yet to be returned to this Court.
Respondent, the Judge of the Criminal District Court No. 2 of Dallas County, shall provide this Court with a written response detailing the status of the remanded habeas applications. This motion for leave to file will be held until Respondent has complied with this order.