Latham, Huey ( 2008 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-14,815-03

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HUEY LATHAM, Relator

v.

202ND JUDICIAL DISTRICT COURT, Respondent

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ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 83F-206 FROM BOWIE COUNTY

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   Per curiam.

O R D E R  

   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 a motion for DNA testing pursuant to Article 64 of the Texas Code of Criminal Procedure, that more than a year has passed, and that the trial judge has yet to rule on his motion.

In these circumstances, additional facts are needed. The respondent, the judge of the 202nd District Court of Bowie County, is ordered to file a response with this Court, which may be made by: having the District Clerk forward documentation showing that action has been taken on the motion for DNA testing; or by setting out the reasons that no action has been taken on the motion for DNA testing since it was filed; or stating that Relator has not filed a motion for DNA testing in Bowie County. This application for leave to file a writ of mandamus will 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.

Filed: May 7, 2008

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