Melton, Brian Keith ( 2020 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-44,431-08
    EX PARTE BRIAN MELTON, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 10946 IN THE 196TH DISTRICT COURT
    FROM HUNT 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. According to
    the record, the trial court held evidentiary hearings on August 3, 2020 and October 16, 2020, but the
    transcripts of these hearings were not forwarded to this Court. Under Article 11.07 of the Texas
    Code of Criminal Procedure, a reporter is required to transcribe a hearing within fifteen days of its
    conclusion and then to immediately forward the transcript to the district clerk in the county of
    conviction.
    Id. at
    § 3(d). After receiving the transcript, the district clerk is required to forward it,
    among other things, to this Court. Id.; see also TEX . R. APP . P. 73.4(b)(4).
    The district clerk shall serve the reporter in Applicant’s case with a copy of this order and
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    then either forward to this Court the transcripts of the evidentiary hearings or certify in writing that
    the reporter has not transcribed the hearing. The district clerk shall comply with this order within
    thirty days from the date of this order.
    Filed: December 28, 2020
    Do not publish
    

Document Info

Docket Number: WR-44,431-08

Filed Date: 12/28/2020

Precedential Status: Precedential

Modified Date: 1/4/2021