Hoisager, James Dwayne ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,709-05
IN RE JAMES DWAYNE HOISAGER, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. CR-32305A
FROM MIDLAND 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 an application for a writ of habeas corpus
in Midland County and that the District Clerk has not timely forwarded his application to this Court
or complied with Article 11.07, § 7 of the Code of Criminal Procedure.
Respondent, the District Clerk of Midland 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 that designates issues to be investigated (see McCree v. Hampton, 824 S.W.2d 578, 579
(Tex. Crim. App. 1992)), or stating that Relator has not filed an application for a writ of habeas
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corpus in Midland County in cause number CR-32305A. Should the response include an order
designating issues, proof of the date the district attorney’s office was served with the habeas
application and that the 180-day time frame set out in TEX . R. APP . P. 73.4(b)(5) has not expired
shall also be submitted with the response. Finally, Respondent shall state whether he has complied
with Article 11.07, § 7 of the Code of Criminal Procedure. This application for leave to file a writ
of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. His
response shall be submitted within 30 days of the date of this order.
Filed: October 9, 2019
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