Mallet, Otis Jr

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,980-01
EX PARTE OTIS MALLETT, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1164940-A IN THE 338TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant filed this application for a writ of habeas corpus in the county of conviction, and
the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. Under Article
11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this Court,
among other things, “the application, any answers filed, any motions filed, transcripts of all
depositions and hearings, any affidavits, and any other matters such as official records used by the
court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record
forwarded to this Court appears, however, to be incomplete. The habeas record in the companion
case, Harris County Cause number 1248132-A, includes an amended habeas application form and
an amended memorandum in support which was filed on April 30, 2013. That amended application
2
listed both Harris County cause numbers, but was apparently only filed in one case. The amended
application added a ground of actual innocence to the grounds raised in the initial application. The
amended application and memorandum is not included in the record for this cause.
The district clerk shall either forward to this Court the amended application and amended
memorandum in support, or certify in writing that these documents are not part of the record. The
district clerk shall comply with this order within ten days from the date of this order.
Filed: March 12, 2020
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