Lowe, Gary Wayne

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-24,805-11
IN RE GARY WAYNE LOWE, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 87-0279 IN THE 71ST DISTRICT COURT
FROM HARRISON COUNTY
Per curiam.
ORDER
Relator has filed a motion for leave to file a writ of mandamus pursuant to the original
jurisdiction of this Court. In it, he contends that he filed an application for a writ of habeas corpus
in the 71st District Court of Harrison County, that more than 35 days have elapsed, and that the
application has not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of
Harrison County, is ordered to file a response, which may be made by submitting the record on such
habeas corpus application, submitting a copy of a timely filed order that designates issues to be
investigated (see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that
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Relator has not filed an application for a writ of habeas corpus in Harrison County. Should the
response include an order designating issues, proof of the date the district attorney’s office was
served with the habeas application shall also be submitted with the response. If Relator has filed an
application for a writ of habeas corpus in Harrison County and the district attorney’s office has filed
an answer, Respondent shall also state whether a copy was sent to Relator. See TEX . CODE CRIM .
PROC. art. 11.07, § 7. This application for leave to file a writ of mandamus shall be held in abeyance
until Respondent has submitted the appropriate response. Such response shall be submitted within
30 days of the date of this order.
Filed: January 27, 2016
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