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Musgrove v. Cooke Cty. Dist. Clerk

Court of Criminal Appeals of Texas
Jul 28, 2010
No. WR-74,261-01 (Tex. Crim. App. Jul. 28, 2010)

Opinion

No. WR-74,261-01

Filed: July 28, 2010. DO NOT PUBLISH.

On Application for a Writ of Mandamus Cause No. 06-181 in the 235th Judicial District Court from Cooke 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 235th Judicial District Court of Cooke 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 Cooke 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); by 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 Cooke County. If the District Clerk submits a copy of an order designating issues, the Clerk shall also inform this Court the date that the State was served with the 11.07 writ application. 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

Musgrove v. Cooke Cty. Dist. Clerk

Court of Criminal Appeals of Texas
Jul 28, 2010
No. WR-74,261-01 (Tex. Crim. App. Jul. 28, 2010)
Case details for

Musgrove v. Cooke Cty. Dist. Clerk

Case Details

Full title:DAVID SCOTT MUSGROVE II, Relator v. COOKE COUNTY DISTRICT CLERK, Respondent

Court:Court of Criminal Appeals of Texas

Date published: Jul 28, 2010

Citations

No. WR-74,261-01 (Tex. Crim. App. Jul. 28, 2010)