Smith, Larry Eugene

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2006
• Docket: WR-64,028-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,028-01 LARRY EUGENE SMITH, Relator

v.

DALLAS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM DALLAS COUNTY

Per curiam.

O R D E R

This is an original application for a writ of mandamus. Relator contends he filed an application for writ of habeas corpus in cause number W97-53952-H(A) in Criminal District Court No. 1 of Dallas County sometime before November 27, 2005, but that more than thirty-five days have elapsed and the application has not been forwarded to the Court of Criminal 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, District Clerk of Dallas County, is ordered to file a response with this Court within thirty days by submitting the record on such habeas corpus application or a copy of a timely-entered order designating issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex.Cr.App. 1992); Martin v. Hamlin, 25 S.W.3rd 718 (Tex.Cr.App. 2000), or by stating the nature of any applications filed by Relator such that they are not filed pursuant to Article 11.07, § 3, TEX.CODE CRIM.PROC., or that no applications by Relator have been filed. This application for writ of mandamus is held in abeyance pending compliance with this order.

IT IS SO ORDERED this the 1st day of March, 2006.

DO NOT PUBLISH