DocketNumber: WR-85,709-05
Filed Date: 10/9/2019
Status: Precedential
Modified Date: 10/10/2019
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-85,709-05 IN RE JAMES DWAYNE HOISAGER, Relator ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. CR-32305A FROM MIDLAND 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 Midland County and that the District Clerk has not timely forwarded his application to this Court or complied with Article 11.07, § 7 of the Code of Criminal Procedure. Respondent, the District Clerk of Midland 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 Relator has not filed an application for a writ of habeas 2 corpus in Midland County in cause number CR-32305A. Should the response include an order designating issues, proof of the date the district attorney’s office was served with the habeas application and that the 180-day time frame set out in TEX . R. APP . P. 73.4(b)(5) has not expired shall also be submitted with the response. Finally, Respondent shall state whether he has complied with Article 11.07, § 7 of the Code of Criminal Procedure. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. His response shall be submitted within 30 days of the date of this order. Filed: October 9, 2019 Do not publish