Nutter, Albert John

• Court: Court of Criminal Appeals of Texas
• Decided: March 8, 2006
• Docket: WR-64,137-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-64,137-01 ALBERT JOHN NUTTER, Relator

v.

JUDGE, 180^TH DISTRICT COURT, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM HARRIS COUNTY

Per curiam.

O R D E R

This is an original application for a writ of mandamus. Relator contends that in September 2004, he filed an application for writ of habeas corpus in cause number 747439-A in the 180^th District Court of Harris County. He contends that on October 13, 2004, the trial court then entered an order designating issues, but that the trial court has not forwarded the application to the Court of Criminal of Appeals.

It is this Court's opinion that additional information is required before a decision can be reached on the motion for leave to file the instant action. The respondent, Judge of the 180th District Court of Harris County, is ordered to file with this Court within thirty days a response by having the district clerk submit the record on such habeas corpus application or by setting out the reasons that findings have not been made in the period since the order designating issues was entered. This application for writ of mandamus is held in abeyance pending compliance with this order.

IT IS SO ORDERED this the 8^th day of MARCH, 2006.

DO NOT PUBLISH