Hollins, Reginald Tyrone ( 2022 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-59,535-07
    IN RE REGINALD TYRONE HOLLINS, Relator
    ON APPLICATION FOR A WRIT OF MANDAMUS
    CAUSE NO. 9411011-C IN THE 351ST DISTRICT COURT
    FROM HARRIS COUNTY
    Per curiam.
    ORDER
    Relator filed a motion for leave to file an application for a writ of mandamus under this
    Court’s original jurisdiction. He alleges that he filed pleadings in the district court that were not
    forwarded to this Court. Relator identifies: his Memorandum and a supporting Appendix that he filed
    with his Article 11.07 application on Feb. 24, 2022; his Reply to the State’s Answer, and his
    Amended Proposed Findings and Conclusions, both filed on April 11, 2022; and his “Admission of
    Error and Motion for Court to Take Judicial Notice of Previous Proceedings to Correct and Make
    Record of Error,” filed on April 14, 2022. Relator also contends that he has not received notice and
    copies of the State’s pleadings and the trial court’s orders. See Art. 11.07 § 7; TEX . R. APP . PROC.
    73.4(b)(2).
    2
    The district clerk has a ministerial duty to include in the record transmitted to this Court
    “among any other pertinent papers or supplements,” a copy of the application, any answers filed, any
    proposed findings of fact and conclusions of law, the district court’s findings of fact and conclusions
    of law, and any objections to the court’s findings of fact and conclusions of law filed by either party.
    See Art. 11.07, § 3(c); TEX . R. APP . PROC . 73.4(b)(4). The clerk also has a ministerial duty send
    copies to all parties in the case when certain materials are filed or made part of the record, and to
    “immediately notify all parties in the case” when the clerk transmits the record to this Court. TEX .
    R. APP. PROC. 73.4(b)(2).
    Respondent, the District Clerk of Harris County, shall forward to this Court Relator’s
    pleadings identified above or shall respond that Relator has not filed them or made them part of the
    record. See TEX . CODE CRIM . PROC. art. 11.07, § 3(c) and (d); TEX . R. APP. P. 73.4(b)(5). The clerk
    shall notify the parties when the clerk transmits the record to this Court. TEX . R. APP . P. 73.4(b)(2).
    This motion for leave to file will be held. Respondent shall comply with this order within thirty days
    from the date of this order.
    Filed: AUGUST 24, 2022
    Do not publish
    

Document Info

Docket Number: WR-59,535-07

Filed Date: 8/24/2022

Precedential Status: Precedential

Modified Date: 8/29/2022