Powell, Elton Leon

• Court: Court of Criminal Appeals of Texas
• Decided: April 29, 2009
• Docket: WR-71,641-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,641-02

ELTON LEON POWELL, Relator

v.

ECTOR DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. B-24,243 IN THE 161st JUDICIAL DISTRICT COURT AND CAUSE NO. D-24,799 THE 358^th JUDICIAL DISTRICT COURT

FROM ECTOR 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 applications for a writ of habeas corpus in the 161^st Judicial District Court and 358^th Judicial District Court of Ector County, respectively, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Ector County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus applications; submitting a copy of timely filed orders which designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the nature of the claims asserted in the applications filed by Relator are such that the claims are not cognizable under Tex. Code Crim. Proc. art 11.07, § 3; or stating that Relator has not filed applications for habeas corpus in Ector County. This application for leave to file a writ of mandamus shall 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: April 29, 2009

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