Marshall, Romarcus Deon

• Court: Court of Criminal Appeals of Texas
• Decided: August 22, 2012
• Docket: WR-62,634-06
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-62,634-06

ROMARCUS DEON MARSHALL, Relator

v.

HON. RANDY ROLL, JUDGE OF THE 179th DISTRICT COURT, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 833880

FROM HARRIS 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 179th District Court of Harris 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 February 24, 2011. Relator alleges that he has filed several motions requesting an evidentiary hearing, but that the trial court has not responded to those motions. However, the trial court does not have a ministerial duty to conduct a live hearing on every habeas application, even when the court has designated issues for resolution.

Respondent, the Judge of the 179th District Court of Harris 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: August 22, 2012

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