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Warner v. Dallas Cnty. Dist. Clerk

COURT OF CRIMINAL APPEALS OF TEXAS
Aug 22, 2012
NO. WR-52,843-11 (Tex. Crim. App. Aug. 22, 2012)

Opinion

NO. WR-52,843-11

08-22-2012

GARY WAYNE WARNER, Relator v. DALLAS COUNTY DISTRICT CLERK, Respondent


ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. F99-00096-MI IN THE CRIMINAL DISTRICT COURT NO. 2

FROM DALLAS COUNTY

Per curiam.

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 a notice of appeal from the denial of post-conviction DNA testing under Chapter 64 in the Criminal District Court No. 2 of Dallas County, but that the notice of appeal and appellate record have not yet been forwarded to the Court of Appeals.

In these circumstances, additional facts are needed. Respondent, the District Clerk of Dallas County, is ordered to file a response, which may be made by certifying that Relator's timely-filed notice of appeal from the denial of post-conviction DNA testing has been forwarded to the Court of Appeals, with or without a certification of Relator's right to appeal. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 15 days of the date of this order. Do not publish


Summaries of

Warner v. Dallas Cnty. Dist. Clerk

COURT OF CRIMINAL APPEALS OF TEXAS
Aug 22, 2012
NO. WR-52,843-11 (Tex. Crim. App. Aug. 22, 2012)
Case details for

Warner v. Dallas Cnty. Dist. Clerk

Case Details

Full title:GARY WAYNE WARNER, Relator v. DALLAS COUNTY DISTRICT CLERK, Respondent

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Aug 22, 2012

Citations

NO. WR-52,843-11 (Tex. Crim. App. Aug. 22, 2012)