Opinion
NO. WR-86,308-02
06-14-2017
IN RE PATRICK SHERMAN GUILLORY, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. D-13-0653-SA IN THE 391ST DISTRICT COURT FROM TOM GREEN COUNTY
Per curiam. ORDER
Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed an application for a writ of habeas corpus in the 391st District Court of Tom Green County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court.
According to the record, in March 2017, the District Clerk sent Relator a letter advising him that his application would not be filed because it was noncompliant. In its previous form, Rule of Appellate Procedure 73.2 authorized district clerks not to file Article 11.07 applications. In its present form, however, Rule 73.2 does not authorize district clerks not to file Article 11.07 applications. --------
In these circumstances, additional facts are needed. Respondent, the District Clerk of Tom Green County, is ordered to file a response, which may be made by submitting the record on such habeas corpus application, submitting a copy of a timely filed order that designates issues to be investigated (see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that Relator has not filed an application for a writ of habeas corpus in Tom Green County. Should the response include an order designating issues, proof of the date the district attorney's office was served with the habeas application shall also be submitted with the response. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order. Filed: June 14, 2017
Do not publish