Medina, Hector Rolando ( 2014 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-75,835-02

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In Re HECTOR ROLANDO MEDINA, Relator

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ON MOTION FOR LEAVE TO FILE APPLICATION FOR WRIT OF PROHIBITION AND APPLICATION FOR WRIT OF PROHIBITION IN CAUSE NO. W07-32923-S(A) IN THE 282^ND JUDICIAL DISTRICT COURT DALLAS COUNTY

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Per Curiam.



O R D E R

We have before us a motion for leave to file an application for a writ of prohibition and an application for a writ of prohibition. In October 2008, a jury convicted relator of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed relator's conviction and sentence on direct appeal. Medina v. State, No. AP-76,036 (Tex. Crim. App. Jan. 12, 2011)(not designated for publication). The Office of Capital Writs (the OCW) filed an initial writ of habeas corpus application in the trial court on relator's behalf on June 5, 2012. A hearing on certain claims raised in that application is currently being held in the trial court.

During that hearing, the State moved to call relator to the stand to testify regarding an ineffective assistance of counsel claim. Relator's counsel informed the court that relator did not want to testify, and they objected to the court forcing him to testify.

Before this Court makes a decision on relator's motion for leave to file, we would like to give the State and the trial court the opportunity to respond. Therefore, the prosecutor and the Honorable Andy Chatham, Judge of the 282^nd Judicial District Court, have 30 days from the day of this order to file any response to relator's pleadings. The hearing below is stayed only to the extent that the trial court shall not force relator to testify pending further order of this Court.

IT IS SO ORDERED THIS THE 15^th DAY OF JANUARY, 2014.

Do Not Publish