Hoisager, James Dwayne ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,709-05
IN RE JAMES DWAYNE HOISAGER, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. CR-32305A
FROM MIDLAND 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 Midland County and that Respondent, the Midland County District Clerk, has not timely
forwarded his application to this Court or complied with Article 11.07, § 7 of the Code of Criminal
Procedure.
We held this application and ordered Respondent to file a response. He responded and stated
2
that the deadline in Rule of Appellate Procedure 73.4(b)(5) had not expired.1 He failed to say,
however, whether he complied with Article 11.07, § 7 of the Code of Criminal Procedure. Section
7 provides: “When the attorney for the state files an answer, motion, or other pleading relating to an
application for a writ of habeas corpus or the court issues an order relating to an application for a
writ of habeas corpus, the clerk of the court shall mail or deliver to the applicant a copy of the
answer, motion, pleading, or order.” TEX . CODE CRIM . PROC. art. 11.07, § 7. Accordingly,
Respondent shall file a second response. This application for leave to file a writ of mandamus shall
be held in abeyance until Respondent has submitted the appropriate response. His response shall be
submitted within 30 days of the date of this order.
Filed: November 27, 2019
Do not publish
1
A district clerk is required to immediately forward an Article 11.07 application to this
Court after a trial court makes findings of fact and conclusions of law. See TEX . CODE CRIM .
PROC. art. 11.07, § 3(d).