DocketNumber: WR-65,627-02
Filed Date: 8/1/2012
Status: Precedential
Modified Date: 9/16/2015
Applicant's initial application for writ of habeas corpus pertaining to his original conviction is pending in this Court. In May 2008, in a punishment re-trial, a jury answered the statutory punishment questions in such a way that the trial court set applicant's punishment at death. On July 7, 2010, the State filed in this Court its brief on applicant's direct appeal of his punishment re-trial. Pursuant to Article 11.071 §§ 4(a) and (b) (1), applicant's initial application for a writ of habeas corpus on the re-trial was due to be filed in the trial court on or before November 19, 2010, assuming a motion for extension was timely filed and granted. It has been eighteen months since the application was due in the trial court. Accordingly, we order the trial court to resolve any remaining issues within 90 days from the date of this order. The clerk shall then transmit the complete writ record to this Court within 120 days from the date of this order. Any extensions of time shall be obtained from this Court.
IT IS SO ORDERED THIS THE 1ST DAY OF AUGUST, 2012.
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1. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.