Hutcherson, Billy Wayne ( 2012 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-77,083-02

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EX PARTE BILLY WAYNE HUTCHERSON, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. W85-95871 IN THE 292ND DISTRICT COURT FROM DALLAS COUNTY

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   Per curiam. O R D E R  

   The clerk of the trial court transmitted to this Court an amendment to Applicant's initial application for a writ of habeas corpus. The initial writ application had been filed in the trial court on October 14, 2011, was received here on January 27, 2012, and relief was denied by this Court on February 15, 2012. It is not clear why the Dallas County District Clerk took about three and a half months to forward the initial writ application where no Order Designating Issues had been entered by the trial court and where the Clerk was under a ministerial duty to forward the writ application to this Court, see Tex. Code Crim. Proc. art. 11.07 §§ 1-3, but in any event, the Dallas County District Clerk failed to timely forward the amendment to the initial writ application. It was received here on February 21, 2011, about two months after it was filed and about a week after the initial writ application was already denied.

The amendment should have been considered along with the initial writ application. This Court has considered the amendment, and having done so, remains unconvinced that Applicant is entitled to relief. Relief is therefore denied on all of Applicant's claims raised in both the initial writ application and the amendment to that application.  

Filed: March 7, 2012

Do not publish

Keasler, J., not participating.