Melton, Brian Keith

• Court: Court of Criminal Appeals of Texas
• Decided: December 28, 2020
• Docket: WR-44,431-08
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-44,431-08

EX PARTE BRIAN MELTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10946 IN THE 196TH DISTRICT COURT FROM HUNT COUNTY

Per curiam.

ORDER

Applicant filed this application for a writ of habeas corpus in the county of conviction, and

the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. According to

the record, the trial court held evidentiary hearings on August 3, 2020 and October 16, 2020, but the

transcripts of these hearings were not forwarded to this Court. Under Article 11.07 of the Texas

Code of Criminal Procedure, a reporter is required to transcribe a hearing within fifteen days of its

conclusion and then to immediately forward the transcript to the district clerk in the county of

conviction. Id. at § 3(d). After receiving the transcript, the district clerk is required to forward it,

among other things, to this Court. Id.; see also TEX . R. APP . P. 73.4(b)(4).

The district clerk shall serve the reporter in Applicant’s case with a copy of this order and 2

then either forward to this Court the transcripts of the evidentiary hearings or certify in writing that

the reporter has not transcribed the hearing. The district clerk shall comply with this order within

thirty days from the date of this order.

Filed: December 28, 2020 Do not publish