Saldivar, Yolanda
This text of Saldivar, Yolanda (Saldivar, Yolanda) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-69,661-06
IN RE YOLANDA SALDIVAR, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 95-CR-1187-F IN THE 214TH DISTRICT COURT FROM NUECES COUNTY
Per curiam.
ORDER
Relator has filed a motion for leave to file a writ of mandamus pursuant to the original
jurisdiction of this Court. In it, she contends that she has contacted the District Clerk of Nueces
County to determine how much it will cost her to purchase copies of portions of the trial transcript
that were missing from the transcript that was provided to her in February of 2014. Relator alleges
that the clerk advised her that the District Attorney is in possession of the transcript, and that she
should seek the information from the District Attorney. Relator alleges that the District Attorney has
not responded to any of her inquiries.
In these circumstances, additional facts are needed. “A district clerk must provide 2
information to an imprisoned or confined individual or his agent about the amount it would cost to
obtain trial and appellate transcripts so that the individual may then pay for them and use them to
pursue an application for a writ of habeas corpus.” In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim.
App. 2014). Respondent, the District Clerk of Nueces County, is ordered to file a response by stating
whether or not Relator has inquired about the cost of obtaining copies of specific portions of her trial
transcripts that were not provided to her in 2014. If the Nueces County District Clerk has received
such an inquiry, the Clerk shall state whether or not Relator has been advised of the total cost of
purchasing the missing portions of the transcript from her trial in cause number 95-CR-1187-F from
the 214th District Court, and if not, why not. This application for leave to file a writ of mandamus
shall be held in abeyance until Respondent has submitted the appropriate response. Such response
shall be submitted within 30 days of the date of this order.
Filed: November 14, 2018 Do not publish
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