Barefield, Byron Larue ( 2012 )


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  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS




    NO. WR-76,013-02


    BYRON LARUE BAREFIELD, Relator



    v.



    TOM GREEN COUNTY DISTRICT CLERK, Respondent






    ON APPLICATION FOR A WRIT OF MANDAMUS

    CAUSE NO. B-07-0344-S IN THE 119th JUDICIAL DISTRICT COURT

    FROM TOM GREEN COUNTY


       Per curiam.

    O R D E R
      





    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 119th Judicial District Court of Tom Green 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. The respondent, the District Clerk of Tom Green 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 (Tex. Crim. App. 1992); or stating that Relator has not filed an application for habeas corpus in Tom Green County. Should the response include an order designating issues, proof of the date the district attorney's office was served with the habeas application shall also be submitted with the response. This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.





    Filed: March 7, 2012

    Do not publish

Document Info

Docket Number: WR-76,013-02

Filed Date: 3/7/2012

Precedential Status: Precedential

Modified Date: 9/16/2015