Fortner, Dan Odell

• Court: Court of Criminal Appeals of Texas
• Decided: January 29, 2014
• Docket: WR-80,681-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-80,681-01

IN RE DAN ODELL FORTNER, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 12-01-00277-CR IN THE 410th DISTRICT COURT

FROM MONTGOMERY COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file an application for 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 410th District Court of Montgomery County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Relator contends that the district court entered an order designating issues on June 11, 2013.

Respondent, the Judge of the 410th District Court of Montgomery County, shall file a response with this Court by having the District Clerk submit the record on such habeas corpus application. In the alternative, Respondent may resolve the issues set out in the order designating issues and then have the District Clerk submit the record on such application. In either case, Respondent's answer shall be submitted within 30 days of the date of this order. This application for leave to file a writ of mandamus will be held in abeyance until Respondent has submitted his response.

Filed: January 29, 2014

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