Smith, Harvey

• Court: Court of Criminal Appeals of Texas
• Decided: August 22, 2018
• Docket: WR-88,622-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,622-01

IN RE HARVEY SMITH, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 1421605-A IN THE 176TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

ORDER

Relator has filed a motion for leave to file an application for a writ of mandamus pursuant

to the original jurisdiction of this Court. In it, Relator contends that he filed an application for a writ

of habeas corpus in the 176th District Court of Harris County, the District Court entered a timely

order designating issues on October 18, 2017, more than 180 days have passed since the date the

State received the application, and the application has not been timely forwarded to this Court as

mandated by Texas Rule of Appellate Procedure 73.4(b)(5). Relator also alleges he subsequently

filed a supplemental application.

Respondent, the District Clerk of Harris County, is ordered to file a response, which may be 2

made by submitting the record on such habeas corpus applications, submitting proof of the date of

receipt by the State showing 180 days has not yet elapsed, or stating that Relator has not filed an

application for a writ of habeas corpus in Harris County. 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Filed: August 22, 2018 Do not publish