in Re Joe Brayboy, III
This text of in Re Joe Brayboy, III (in Re Joe Brayboy, III) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: In re Joe Brayboy, III
Appellate case number: 01-18-00570-CV
Trial court case number: 2004-66585
Trial court: 311th District Court of Harris County
Relator Joe Brayboy III filed a petition for writ of habeas corpus, but he has failed to provide the court with a hearing record of either the June 5 or June 18 hearings. The State argues that the failure to provide a copy of the hearing records requires denial of the petition. As the party seeking relief, relator has the burden to provide a sufficient record to establish his right to relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); cf. Ex Parte McKeand, 454 S.W.3d 52, 54 (Tex. App.—Houston [1st Dist.] 2014, no pet.).
The court will consider this petition without the benefit of the hearing records unless relator files the hearing records from the June 5 and June 18 hearings within 20 days of the date of this order. Cf. TEX. R. APP. P. 37.3(c), 38.9(b).
It is so ORDERED.
Judge’s signature: /s/ Michael Massengale_ X Acting individually Acting for the Court
Date: _August 30, 2018
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