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Welch v. Harris County District Clerk

Court of Criminal Appeals of Texas
Aug 26, 2009
No. WR-46,225-05 (Tex. Crim. App. Aug. 26, 2009)

Opinion

No. WR-46,225-05

Filed: August 26, 2009. DO NOT PUBLISH.

On Application for a Writ of Mandamus, Cause No. 586034, appeal from the 177th Judicial District Court, 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, the District Clerk of Harris 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 Harris County. 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

Welch v. Harris County District Clerk

Court of Criminal Appeals of Texas
Aug 26, 2009
No. WR-46,225-05 (Tex. Crim. App. Aug. 26, 2009)
Case details for

Welch v. Harris County District Clerk

Case Details

Full title:RAY MCKINLEY WELCH, Relator v. HARRIS COUNTY DISTRICT CLERK, Respondent

Court:Court of Criminal Appeals of Texas

Date published: Aug 26, 2009

Citations

No. WR-46,225-05 (Tex. Crim. App. Aug. 26, 2009)