Horn, Frederick Oneal

• Court: Court of Criminal Appeals of Texas
• Decided: February 24, 2016
• Docket: WR-49,670-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-49,670-02

IN RE FREDERICK ONEAL HORN, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 18132 IN THE DISTRICT COURT FROM CHEROKEE 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, his contends that his filed an application for a writ of habeas corpus

in the District Court of Cherokee 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

Cherokee 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 Cherokee County. Should the

response include an order designating issues, proof of the date the district attorney’s office was

served with the habeas application 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Filed: February 24, 2016 Do not publish