Heintz, Nicholas G.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,695-01
EX PARTE NICHOLAS G. HEINTZ, Applicant
ON APPLICATION FOR AN ORIGINAL WRIT OF HABEAS CORPUS
CAUSE NO. 15-0959-A
IN THE 7TH DISTRICT COURT OF SMITH COUNTY
Per curiam.
ORDER
Pursuant to this Court’s original jurisdiction to issue writs of habeas corpus, Applicant
presents a motion for leave to file an original application for a writ of habeas corpus. TEX . CONST .
art. V, § 5(c); TEX . CODE CRIM . PROC. art. 4.04 § 1. Among other things, Applicant alleges that he
has been restrained for over one year, on bond, based on charges that have not yet resulted in an
indictment.
Applicant contends that he filed an original habeas corpus application in the District Court1
in May 2015, but the court has not issued the writ or taken any other action.
1
TEX . CONST . art. V, § 8; TEX . CODE CRIM . PROC. Art. 11.05.
2
Before this Court considers whether exercising jurisdiction in this case is appropriate, the
District Court is invited to respond to Applicant’s claims that an original writ has been pending with
no action. Additionally, the response shall state whether Applicant is still restrained, and whether
charges have been filed against him. If an original habeas corpus application is pending in
Respondent’s court, the response shall specify whether the writ has issued and include any
supporting documentation.
Applicant’s motion for leave to file an application for a writ of habeas corpus shall be held
in abeyance for 30 days from the date of this order. The parties may submit any response during that
time.
Filed: November 18, 2015
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