Opinion
WR-58,866-05
10-30-2024
IN RE CLEOTIS RAYMOND JONES, JR., Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. F01-74866-N IN THE 195TH 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. He contends that he filed an application for a writ of habeas corpus in Dallas County and his application has not been properly forwarded to this Court. More than 50 days have elapsed since the alleged filing, and this Court has no record of a timely-filed order designating issues.
Relator also contends that he filed a Motion for DNA Testing pursuant to Chapter 64, but the trial court has not ruled on it. Tex. Code Crim. Proc. Chapter 64. The trial court has a ministerial duty to rule within a reasonable time on a properly filed Motion for DNA Testing. However, the record before this Court does not reflect whether Relator properly filed a Motion for DNA Testing.
Respondent, the District Clerk of Dallas County, shall forward Relator's habeas application to this Court, respond that Relator has not filed a habeas application in Dallas County, or forward a copy of an order designating issues together with correspondence documenting the date the State received Relator's habeas application. See Tex. Code Crim. Proc. art. 11.07, § 3(c) and (d); Tex.R.App.P. 73.4(b)(5).
Respondent shall also respond whether Relator properly filed a Motion for DNA Testing in the trial court. If Relator properly filed a Motion in compliance with Chapter 64, Respondent shall state whether the trial court has ruled on the Motion. If the trial court has not ruled, Respondent shall state whether and when the trial court plans to rule on the Motion.
This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order.