Elmore, Kevin Ii ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,961-01
IN RE KEVIN ELMORE II, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 17-3234 IN THE 106th DISTRICT COURT
FROM LYNN 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 District Court of Lynn 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 Lynn
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 Lynn 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
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