Pete, Andrew ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-89,935-04, WR-89,935-05 AND WR-89,935-06
IN RE ANDREW PETE, Relator
ON APPLICATIONS FOR WRITS OF MANDAMUS
CAUSE NOS. W12-33559-V(A), W12-33560-V(A) AND W12-33561-V(A)
IN THE 292ND DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Relator has filed motion for leave to file three applications for writs of mandamus pursuant
to the original jurisdiction of this Court. In them, he raises various claims regarding his pending
applications for writs of habeas corpus, the transcripts of his trial, and his trial attorneys’ files.
Relator is not entitled to findings of fact from the trial court with regard to his habeas applications,
nor is he entitled to free copies of his trial transcripts. However, Relator does allege that he has been
trying to obtain copies of his files from his attorney at guilt/ innocence and his attorney at
punishment, to no avail. This Court has consistently held that a client owns the contents of his or
her file. In re McCann, 422 S.W.3d 701, 705 (Tex. Crim. App. 2013). Relator alleges that he filed
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a “Motion to Compel Defense Counsels to Surrender the Case File to Applicant for Case Nos.
F1233559, F1233560, F1233561" in the trial court on April 8, 2019, but that the trial court has not
ruled on that motion.
Respondent, the Judge of the 292nd District Court of Dallas County, shall file a response
with this Court stating whether or not Relator’s motion has been received and ruled on, and whether
or not Relator’s trial attorneys have provided Relator with copies of his client files in these three
cases. Respondent’s answer shall be submitted within 30 days of the date of this order. These
applications for leave to file writs of mandamus will be held in abeyance until Respondent has
submitted the appropriate response.
Filed: July 3, 2019
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