Herod, Donald Wayne ( 2015 )

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WRIT OF HABEAS CORPUS
RECEIVED IN CERTIFIED COPIES OF
COURT OF CRIMINAL APPEALS
MAR 112015 POST CONVICTION
Abe' Acosta, Clem
FROM: 230TH DISTRICT COURT
OF
HARRIS COUNTY, TEXAS
DONALD WAYNE HEROD
APPLICANT
VS.
THE STATE OF TEXAS
RESPONDENT
CAUSE #678796-C
PAGE I OF I REV. 01-02-04
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• INDEX
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PAGE
WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS 1
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3
CERTIFICATE OF THE CLERK 4
PAGE I OF I REV: 01-02-04
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:1orrla County, fnu
Jy______``---------
Daputy
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-69,858-16
IN HE DONALD W. IIEROD, Relator
ON ,\PPLIC\TION FOR A \VRIT OF i\1..\NO..\~IUS
CAUSE NOS. I 152281,0678796 & 0867122
L'l TilE JJ9'h, 2JO'h & JJ7'h DISTRICT COUirfS
FROM HARRIS COUNTY
Per curiam.
OI~DER
Rdator has tiled a motion for leave to file a writ of mandamus pursuant to the original
juri sJ iction of this Court. In it, he contends that he tiled applications for writs of habeas corpus in
the 339' 11 , 230' 11 , and 337' 11 District Courts of 1-laJTis County, that more than 35 Jays have elapsed, and
that the applications have not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Harris
County. is ordered to tile a response, which may be made by submitting the records on such habeas
corpus applications, submitting a copy of timely filed orders which designate issues to be
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in\''-'stigated (see McCree v. H(/mpton. 32.:+ S.\Y.2J 578, 579 (Tex. Crim ..-\pp. Il)l)?.)), or stating th~t
Relator has not tiled applications for writs ofh:1beas corpus in Harris County. Should the response
indmk orders designating issues, proofofthe date the district attorney's oftice \vas served with the
habeas applications shall ::tlso be submitted with the response. This application for kave to tik a
writ of manJamus shall be held in abeyance until ResponJcnt has ~ubmitted the appropriate
response. Such response shall be submitted within 30 days of the date of this on!t.:r.
Fikd: February 4, 2015
Do llllt publish
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·,
Belinda Hill
Interim First Assistant
• • Criminal Justice Center
1201 Franklin, Suite 600
Houston, Texas 77002-1901
HARRIS COUNTY DISTRICT ATTORNEY
DEVON ANDERSON
February 26, 2015
Chris Daniel, District Clerk
Harris County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte DONALD WAYNE HEROD
No. 678796-C in the 230TH
District Court of Harris County, Texas
Filing date: 6-30-14
Date copy ofwrit delivered to District Attorney's Basket: 2/26115
By: B. MCNEIL
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for
writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.
Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
``"f'lt,' .... - ..... "'"l-"'-"' ... ..,,-·-:.,~ ':'' ~ .i 'I ••, . : · ' " . . . . J~···.-r: ·r`` ...... ,. ,
,/' Sincerely, ··,\
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Date Received Assistant District Attorney
.Harris County, Texas
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CERTIFICATE OF THE CLERK
APPLICANT IN CUSTODY
THE STATE OF TEXAS { IN THE 230th DISTRICT COURT
COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS
I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the
foregoing ~ pages contain true and correct copies of original records now in my
lawful custody and possession relating to cause number 678796-C including certified
copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D.,
20 15) and each document, the inclusion of which was thereby ordered.
I further certify the Applicant DOANLD WAYNE HEROD is in the custody of the Texas
Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court at Houston, Texas, on this the 4TH day of
MARCH, 2015.
PAGE I OF I REV. 01-02-04
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WRIT OF HABEAS CORPUS
CERTIFIED COPIES OF
POST CONVICTION
FROM: 339TH DISTRICT COURT
OF
HARRIS COUNTY, TEXAS
DONALD WAYNE HEROD
APPLICANT
VS.
THE STATE OF TEXAS
RESPONDENT
CAUSE #1152281-D
PAGE I OF I REV. 01-02-04
INDEX
PAGE
WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3
CERTIFICATE OF THE CLERK 4
PAGE I OF I REV: 01-02-04
't .. ,.
FJIJLED
Chris Daniel
Dls~rlct Clerk
FEB 0 5 2015
nme:__````~----­
Harrla County, Texae
By------``~-------
oaputy
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-69,858-16
IN RE DONALD W. HEROD, Relator
ON APPLICATION FOR A WRIT OF l\tlANDAMUS
CAUSE NOS. 1152281, 0678796 & 0867122
IN THE 339'h, 230'h & 337'h DISTRICT COURTS
FROM HARRIS 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 applications for writs of habeas corpus in
the 339'h, 230'h, and 337'h District Courts of Harris County, that more than 35 days have elapsed, and
that the applications have not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Harris
County, is ordered to file a response, which may be made by submitting the records on such habeas
corpus applications, submitting a copy of timely filed orders which designate issues to be
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investigated (see }vfcCree v. Harnpton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that
Relator has not filed applications for writs of habeas corpus in Harris County . Should the response
include orders designating issues, proof of the date the district attorney's office was served with the
habeas applications shall also be submitted with the response. 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 30 days of the date of this order.
Filed: February 4, 2015
Do not publish
Belinda Hill Criminal Justice Center
Interim First Assistant 1201 Franklin, Suite 600
Houston, Texas 77002-1901
HARRIS COUNTY DISTRICT ATTORNEY
DEVON ANDERSON
February 25, 2015
Chris Daniel, District Clerk
Harris County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte DONALD WAYNE HEROD
No. 1152281-D in the 339th
District Court of Harris County, Texas
Filing date: 06-27-14
Date copy of writ delivered to District Attorney's Basket: __f_E_B_2....;5_2_0t~5__
By: L. Hernandez
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for
writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.
Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
FTB 2 5 W15 ··~:,..... ,"!·~·::
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Date Received Assistant District Attorney
Harris County, Texas
CERTIFICATE OF THE CLERK
APPLICANT IN CUSTODY
THE STATE OF TEXAS { IN THE 339th DISTRICT COURT
COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS
I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the
foregoing 4 pages contain true and correct copies of original records now in my
lawful custody and possession relating to cause number 1152281-D including certified
copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D.,
20 15) and each document, the inclusion of which was thereby ordered.
I further certify the Applicant DOANLD WAYNE HEROD is in the custody of the Texas
Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court at Houston, Texas, on this the 4TH day of
MARCH, 2015.
PAGE I OF I REV. 01-02-04
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