Maxey, Richard

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,818-01
IN RE RICHARD MAXEY, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 10-01864-CRF-85 IN THE 85TH DISTRICT COURT
FROM BRAZOS 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 85th District Court of Brazos 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 Brazos
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 designating issues (ODI) 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 Brazos County. Should the
response include an ODI, proof of the date the district attorney’s office was served with the habeas
application shall also be submitted with the response. If the trial court entered an ODI, Respondent
shall also state whether he complied with Rule of Appellate Procedure 73.4(b)(1). 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: September 16, 2015
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