Hill, Rocky A. ( 2018 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-83,194-03
    IN RE ROCKY A. HILL, Relator
    ON APPLICATION FOR A WRIT OF MANDAMUS
    CAUSE NO. 2008-419,474 IN THE 137TH DISTRICT COURT
    FROM LUBBOCK 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 137th District Court of Lubbock 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
    Lubbock 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 which designates issues to be
    investigated (see McCree v. Hampton, 
    824 S.W.2d 578
    , 579 (Tex. Crim. App. 1992)), or stating that
    2
    Relator has not filed an application for a writ of habeas corpus in Lubbock County. 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. 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 26, 2018
    Do not publish
    

Document Info

Docket Number: WR-83,194-03

Filed Date: 9/26/2018

Precedential Status: Precedential

Modified Date: 9/27/2018