Grim, William Cody

Court of Criminal Appeals of Texas·Decided September 29, 2010·No. WR-41,787-05·Published

Opinion



IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. WR-41,787-05

WILLIAM CODY GRIM, Relator



v.



PALO PINTO COUNTY DISTRICT CLERK, Respondent



ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 10,147; 10,148; 10,149; 10,150 & 10,151

IN THE 29th JUDICIAL DISTRICT COURT FROM PALO PINTO 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 five applications for writs of habeas corpus in the 29th Judicial District Court of Palo Pinto County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Palo Pinto County, is ordered to file a response, which may be made by: submitting the records on such habeas corpus applications; 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); by stating that the nature of the claims asserted in the application filed by Relator is such that the claims are not cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed an application for habeas corpus in Palo Pinto County. If the District Clerk submits a copy of an order designating issues, the Clerk shall also inform this Court the date that the State was served with the 11.07 writ application.

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: September 29, 2010

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Related

McCree v. Hampton
824 S.W.2d 578 (Court of Criminal Appeals of Texas, 1992)