Opinion
WR-94,569-02
06-21-2023
IN RE GEORGE EDWARD VILLARREAL, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. A-19-0585-SA-W-1 IN THE 391ST DISTRICT COURT FROM TOM GREEN COUNTY
ORDER
PER CURIAM.
Relator filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. He contended that he filed a supplemental application for a writ of habeas corpus in Tom Green County but it had not been properly forwarded to this Court. Relator also contended that he had not received from the District Clerk any copies of the documents that were filed in the habeas case-including trial counsel's affidavit, the State's answer, and the trial court's findings of facts and conclusions of law.
On April 19, 2023, the Court issued an order telling Respondent, the District Clerk of Tom Green County, to forward Relator's supplemental habeas application to this Court, respond that Relator has not filed a supplemental habeas application in Tom Green County, or forward a copy of an order designating issues together with correspondence documenting the date the State received Relator's supplemental habeas application. The order also instructed Respondent to send copies of the documents in question to Relator if it had not already done so and to notify this Court of the date(s) upon which the documents were sent to Relator.
On May 26, 2023, the Court received a supplemental record from Respondent that included, among other things, a copy of Relator's supplemental habeas application. However, this supplemental record does not indicate whether Respondent sent Relator copies of the documents in question or state the date(s) upon which those documents were sent to Relator. Under Rule 73.4 of the Texas Rules of Appellate Procedure (TRAP), "When any pleadings, objections, motions, affidavits, exhibits, proposed or entered findings of fact and conclusions of law, or other orders are filed or made a part of the record, the district clerk shall immediately send a copy to all parties in the case."
Consequently, Respondent is again ordered to immediately send copies of the documents in question to Relator if it has not already done so and to notify this Court of the date(s) upon which the documents were sent to Relator. This motion for leave to file will be held. Respondent shall comply with this order within twenty days from the date of this order.