Willis, Drake Lafayette

• Court: Court of Criminal Appeals of Texas
• Decided: February 27, 2013
• Docket: WR-77,246-07
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-77,246-07

DRAKE LAFAYETTE WILLIS, Relator

v.

DALLAS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. F08-24020

IN THE 283^RD JUDICIAL DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed a supplemental application including a new ground for review on his application for a writ of habeas corpus in the 283^rd Judicial District Court of Dallas County and that the supplemental application was not ruled upon by this Court. The original application was filed in the trial court on March 8, 2011. Relator alleges that he filed two

supplemental applications alleging new grounds, one in July 2011, and the other in December 2011. This Court received the writ application and record on May 29, 2012. That record included the original application and the July supplemental application, but not the December supplemental application.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Dallas County, is ordered to file a response, which may be made by: submitting the missing December supplemental application or stating that Relator did not file a supplemental application for habeas corpus in December 2011 in this cause number.

This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

Filed: February 27, 2013

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