Nelson, Marlin Enos

• Court: Court of Criminal Appeals of Texas
• Decided: August 10, 2021
• Docket: WR-53,148-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-53,148-04

EX PARTE MARLIN ENOS NELSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 0483164-C IN THE 178TH DISTRICT COURT FROM HARRIS 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. Under Article

11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this Court,

among other things, “the application, any answers filed, any motions filed, transcripts of all

depositions and hearings, any affidavits, and any other matters such as official records used by the

court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record

forwarded to this Court appears, however, to be incomplete. The last item in the record is a

withdrawal of the May 22, 2019, judgment. No other judgment is in the record.

The district clerk shall either forward to this Court the judgment that was entered following 2

the withdrawal of the May 22, 2019, judgment, or certify in writing that this document is not part

of the record. The district clerk shall comply with this order within thirty days from the date of this

order.

Filed: August 10, 2021 Do not publish