Faircloth, Billy ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,450-02
EX PARTE BILLY FAIRCLOTH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-11-200824-A IN THE 167TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam.
ORDER
Applicant filed this application for a writ of habeas corpus in the county of conviction, and
the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. Under Article
11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this Court,
among other things, “the application, any answers filed, any motions filed, transcripts of all
depositions and hearings, any affidavits, and any other matters such as official records used by the
court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record
forwarded to this Court appears, however, to be incomplete. Copies of the following documents,
which the Docket Record in volume six indicates were filed in the trial court, are not in the
forwarded record: (1) Joint Stipulation of Evidence; (2) Joint Motion to Designate Issues of Fact and
2
Proposed Order Designating Issues; (3) Amended Joint Motion to Designate Issues of Fact and
Proposed Order Designating Issues; (4) the trial court’s Order Designating Issues; and (5) Agreed
Proposed Findings of Fact and Conclusions of Law.
The district clerk shall either forward to this Court or certify in writing that these documents
are not part of the record. The district clerk shall comply with this order within thirty days from the
date of this order.
Filed: November 28, 2022
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