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Smith v. Harris County District Clerk

Court of Criminal Appeals of Texas
Aug 9, 2006
No. WR-WR-42,718-04 (Tex. Crim. App. Aug. 9, 2006)

Opinion

No. WR-WR-42,718-04

Filed: August 9, 2006. DO NOT PUBLISH.

On Application for a Writ of Mandamus from Harris 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 177th Judicial District Court of Harris 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, District Clerk of Harris County, is ordered to file a response with this Court by submitting the record on such habeas corpus application or a copy of an order designating issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex.Crim.App. 1992), or by stating the nature of any applications filed by Relator such that they are not filed pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, or that no applications by Relator have been filed. This application for leave to file a writ of mandamus will 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

Smith v. Harris County District Clerk

Court of Criminal Appeals of Texas
Aug 9, 2006
No. WR-WR-42,718-04 (Tex. Crim. App. Aug. 9, 2006)
Case details for

Smith v. Harris County District Clerk

Case Details

Full title:JAMES CHARLES SMITH, Relator, v. HARRIS COUNTY DISTRICT CLERK, Respondent

Court:Court of Criminal Appeals of Texas

Date published: Aug 9, 2006

Citations

No. WR-WR-42,718-04 (Tex. Crim. App. Aug. 9, 2006)