Durham, William Earl ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-30,830-16
IN RE WILLIAM EARL DURHAM, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
FROM LIBERTY 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 Liberty County on July 2, 2015, 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. Respondent, the District Clerk of Liberty
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 designating issues (ODI) (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 corpus in Liberty County. Should the response include an ODI,
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proof of the date the district attorney’s office was served with the habeas application shall also be
submitted with the response. If the trial court entered a timely ODI, Respondent shall state whether
and, if so, when she sent a copy to this Court and Relator. See TEX . R. APP . P. 73.4(b)(1); TEX . CODE
CRIM . PROC. art. 11.07, § 7. 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: October 7, 2015
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