Vidal, Tommy Ray

• Court: Court of Criminal Appeals of Texas
• Decided: May 11, 2011
• Docket: WR-19,864-07
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-19,864-06 AND WR-19,864-07

TOMMY RAY VIDAL, Relator

v.

TARRANT COUNTY DISTRICT CLERK, Respondent

ON APPLICATIONS FOR WRITS OF MANDAMUS

CAUSE NOS. C-2-008887-1013297-B AND C-2-008888-1013298-B

IN THE 213TH JUDICIAL DISTRICT COURT

FROM TARRANT COUNTY

Per curiam.

O R D E R

Relator has filed two motions for leave to file writs of mandamus pursuant to the original jurisdiction of this Court. In them, he contends that he filed applications for writs of habeas corpus in the 213th Judicial District Court of Tarrant County, that the trial court entered orders designating issues, and that he has filed Objections in reply to the State's answers and to trial counsel's affidavit. Regarding these Objections, Relator contends that the district clerk has failed to file them or has failed to note the filing of them on the trial court's docket sheet.

Relator raised this same claim concerning his Objections in his -05 mandamus application. In the -05 mandamus proceeding, this Court ordered the Tarrant County District Clerk's Office to respond, and an affidavit was filed. An assistant district clerk stated in that affidavit that Relator's Objections had been filed on December 8, 2009. Based on this affidavit, Relator was denied leave to file the -05 mandamus application. Also based on this same affidavit, because Relator has received the requested relief, leave to file in the -06 and -07 mandamus applications is denied.

Filed: May 11, 2011

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