Swearingen, Larry Ray

• Court: Court of Criminal Appeals of Texas
• Decided: April 27, 2005
• Docket: WR-53,613-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-53,613-02 LARRY SWEARINGEN, Relator

v.

PRESIDING JUDGE OF 9^TH JUDICIAL DISTRICT COURT,

MONTGOMERY COUNTY, Respondent

ON APPLICATION FOR WRIT OF MANDAMUS

CAUSE NO. 99-11-06435-CR

FROM THE 9^TH JUDICIAL DISTRICT COURT

MONTGOMERY COUNTY

Per Curiam.

O R D E R

This is an original application for writ of mandamus. Relator contends he filed with the Respondent: (1) a motion for DNA testing on October 19, 2004; (2) a motion for an evidentiary hearing on his DNA motion on November 22, 2004; and (3) a motion for entry of an order on these matters on March 4, 2005. 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 is ordered to file with this Court within thirty days a response indicating the status of its ruling on Relator's motions.

IT IS SO ORDERED THIS THE 27^TH DAY OF APRIL, 2005.