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Jackson v. Dallas Dist. Clerk

Court of Criminal Appeals of Texas
Mar 31, 2010
No. WR-73,697-01 (Tex. Crim. App. Mar. 31, 2010)

Opinion

No. WR-73,697-01

Delivered: March 31, 2010. DO NOT PUBLISH.

On Application for a Writ of Mandamus, Cause No. W06-00445-K in the Criminal District Court No. 4 from Dallas County.


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 Criminal District Court No. 4 of Dallas County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. In these circumstances, additional facts are needed. The respondent, the District Clerk of Dallas 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 which designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the nature of the claims asserted in the application filed by Relator is such that the claims are not cognizable under TEX. CODE CRIM. PROC. art 11.07, § 3; or stating that Relator has not filed an application for habeas corpus in Dallas County. Should the District Clerk respond with an order designating issues, the response shall also note the date the District Attorney's office was served. This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.


Summaries of

Jackson v. Dallas Dist. Clerk

Court of Criminal Appeals of Texas
Mar 31, 2010
No. WR-73,697-01 (Tex. Crim. App. Mar. 31, 2010)
Case details for

Jackson v. Dallas Dist. Clerk

Case Details

Full title:RAUL DAVID JACKSON, Relator v. DALLAS DISTRICT CLERK, Respondent

Court:Court of Criminal Appeals of Texas

Date published: Mar 31, 2010

Citations

No. WR-73,697-01 (Tex. Crim. App. Mar. 31, 2010)