Kirkwood, David Martin

• Court: Court of Criminal Appeals of Texas
• Decided: April 5, 2006
• Docket: WR-41,689-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 41,689-03 DAVID MARTIN KIRKWOOD, Relator

v.

JUDGE, 292^ND JUDICIAL DISTRICT COURT, DALLAS COUNTY, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM DALLAS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus. He contends that he filed an application for a writ of habeas corpus in the 292^ND Judicial District Court of Dallas County, that more than 6 months have elapsed since the entry of an order designating issues, and that the application has not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the judge of the 292^ND Judicial District Court of Dallas County, is ordered to file a response with this Court by having the District Clerk submit the record on such habeas corpus application or by setting out the reasons that no findings have been made since the order designating issues was entered. This application for leave to file a writ of mandamus will 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.

IT IS SO ORDERED THIS THE 5^TH DAY OF APRIL, 2006.

Keasler, J., not participating.

DO NOT PUBLISH