Miller, Lornell L.

• Court: Court of Criminal Appeals of Texas
• Decided: October 17, 2007
• Docket: WR-53,895-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-53,895-04

LORNELL L. MILLER, Relator

v.

CRIMINAL DISTRICT COURT NO. 3, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. W94-39802-JCB

FROM DALLAS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file 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 Criminal District Court No. 3 of Dallas 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 April 6, 2006.

In these circumstances, additional facts are needed. The respondent, the judge of the Criminal District Court No. 3 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 the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

Filed: October 17, 2007

Do not publish