Opinion
No. 04-17-00732-CR
11-17-2017
IN RE Michael Joseph GRIFFITH
Original Mandamus Proceeding Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice
This proceeding arises out of Cause Nos. 4285-91 and 4286-91, styled State of Texas v. Michael Joseph Griffith, formerly pending in the 198th Judicial District Court, Mason County, Texas. Relator's motion was filed in the 452nd District Court, Mason County, Texas, the Honorable Robert Rey Hofmann presiding.
On November 3, 2017, Relator Michael Joseph Griffith filed a petition for writ of mandamus, complaining of the trial court's refusal to rule on his "Motion for Appointment of Attorney and the Granting of an Evidentiary Hearing." The State filed a reply. This court is of the opinion that a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b); see also Padieu v. Court of Appeals of Tx., Fifth Dist., 392 S.W.3d 115, 117-18 (Tex. Crim. App. 2013). The respondent may file a response to the petition for writ of mandamus in this court no later than December 4, 2017. Any such response must conform to Texas Rule of Appellate Procedure 52.4.
It is so ORDERED on November 17, 2017.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of November, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court