Phillips, Jarrod Deray ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,072-04
EX PARTE JARROD DERAY PHILLIPS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 114-0953-14-B IN THE 114TH DISTRICT COURT
FROM SMITH COUNTY
Per curiam.
ORDER
Applicant filed this application for a writ of habeas corpus in the county of conviction, and
the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. Under Article
11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this Court,
among other things, “the application, any answers filed, any motions filed, transcripts of all
depositions and hearings, any affidavits, and any other matters such as official records used by the
court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record
forwarded to this Court appears, however, to be incomplete. Applicant’s memorandum of law and
affidavit from Tishunta Waddle are referred to in the trial court’s findings of fact and conclusions
of law but the documents are not in the record.
2
The district clerk shall either forward to this Court the missing documents or certify in
writing that these documents are not part of the record. The district clerk shall comply with this
order within thirty days from the date of this order.
Filed: February 13, 2023
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