Case Information
*1 •
\
WRIT OF HABEAS CORPUS RECEIVED IN CERTIFIED COPIES OF
COURT OF CRIMINAL APPEALS
MAR POST CONVICTION
Abe' Acosta, Clem 230TH DISTRICT COURT
FROM:
OF HARRIS COUNTY, TEXAS DONALD WAYNE HEROD APPLICANT VS.
THE STATE OF TEXAS RESPONDENT CAUSE #678796-C
PAGE I OF I REV. 01-02-04
•
•
' ...
INDEX
PAGE WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS 1 DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3 CERTIFICATE OF THE CLERK
PAGE I OF I REV: 01-02-04 -· ~.
'f!ma:_--:-:----,--::--~-- :1orrla County, fnu Jy ______ ~~--------- Daputy IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-69,858-16 IN HE DONALD W. IIEROD, Relator ON ,\PPLIC\TION FOR A \VRIT OF i\1..\NO..\~IUS CAUSE NOS. I 152281,0678796 & L'l TilE JJ9'h, 2JO'h & JJ7'h DISTRICT COUirfS FROM HARRIS COUNTY
Per curiam.
OI~DER Rdator has tiled a motion for leave to file a writ of mandamus pursuant to the original juri sJ iction of this Court. In it, he contends that he tiled applications for writs of habeas corpus in the 339' [11] , 230' [11] , and 337' [11] District Courts of 1-laJTis County, that more than 35 Jays have elapsed, and that the applications have not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Harris County. is ordered to tile a response, which may be made by submitting the records on such habeas corpus applications, submitting a copy of timely filed orders which designate issues to be *4 •
• _,.' .· ' . ·.
in\''-'stigated (see McCree v. H(/mpton. 32.:+ S.\Y.2J 578, 579 (Tex. Crim .. -\pp. I l)l)?.)), or stating th~t Relator has not tiled applications for writs ofh:1beas corpus in Harris County. Should the response indmk orders designating issues, proofofthe date the district attorney's oftice \vas served with the habeas applications shall ::tlso be submitted with the response. This application for kave to tik a writ of manJamus shall be held in abeyance until ResponJcnt has ~ubmitted the appropriate response. Such response shall be submitted within 30 days of the date of this on!t.:r.
Fikd: February 4, 2015
Do llllt publish
:00002 • Criminal Justice Center ·,
Belinda Hill
Interim First Assistant 1201 Franklin, Suite 600
Houston, Texas 77002-1901 HARRIS COUNTY DISTRICT ATTORNEY DEVON ANDERSON February 26, 2015 Chris Daniel, District Clerk
Harris County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte DONALD WAYNE HEROD No. 678796-C in the 230 TH District Court of Harris County, Texas Filing date: 6-30-14 Date copy ofwrit delivered to District Attorney's Basket: 2/26115
By: B. MCNEIL
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure. Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer. ~~"f'lt,' .... - ..... "'"l-"'-"' ... ..,,-·-:.,~ ':'' ~ .i ' I •• , . : · ' " . . . . J~···.-r: ·r~~ ...... ,..,
,/' Sincerely, ··,\ ·~) l / T -·fo;-;;\_'2... &J I If,~~~ '\.,
•••·· .. t.·~-. -· ...... ,, --~ ·r·_··;._,: -~: .tr.I~.._·;~~:~·:J:...::~::.:~:...···'ta..i:~t -s~Ji:Jl!·-..,:"'5-:!lo Date Received Assistant District Attorney . Harris County, Texas • CERTIFICATE OF THE CLERK APPLICANT IN CUSTODY THE STATE OF TEXAS { IN THE 230th DISTRICT COURT { OF HARRIS COUNTY, TEXAS COUNTY OF HARRIS I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the foregoing ~ pages contain true and correct copies of original records now in my lawful custody and possession relating to cause number 678796-C including certified copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D., 20 15) and each document, the inclusion of which was thereby ordered.
I further certify the Applicant DOANLD WAYNE HEROD is in the custody of the Texas Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court at Houston, Texas, on this the 4TH day of MARCH, 2015.
PAGE I OF I REV. 01-02-04
:00004 *7 WRIT OF HABEAS CORPUS CERTIFIED COPIES OF POST CONVICTION 339TH DISTRICT COURT FROM:
OF HARRIS COUNTY, TEXAS DONALD WAYNE HEROD APPLICANT VS.
THE STATE OF TEXAS RESPONDENT CAUSE #1152281-D
PAGE I OF I REV. 01-02-04
INDEX
PAGE WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3 CERTIFICATE OF THE CLERK
PAGE I OF I REV: 01-02-04 *9 't .. , .
FJIJLED Chris Daniel Dls~rlct Clerk FEB 0 5 2015 nme: __ ~~~~~---- Harrla County, Texae By------~~~------- oaputy IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-69,858-16 IN RE DONALD W. HEROD, Relator ON APPLICATION FOR A WRIT OF l\tlANDAMUS CAUSE NOS. 1152281, 0678796 & IN THE 339'h, 230'h & 337'h DISTRICT COURTS FROM HARRIS COUNTY Per curiam.
ORDER 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 applications for writs of habeas corpus in the 339'h, 230'h, and 337'h District Courts of Harris County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Harris County, is ordered to file a response, which may be made by submitting the records on such habeas corpus applications, submitting a copy of timely filed orders which designate issues to be
:00001 *10 ' - . l
investigated (see }vfcCree v. Harnpton, 824 S. W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that Relator has not filed applications for writs of habeas corpus in Harris County .. Should the response include orders designating issues, proof of the date the district attorney's office was served with the habeas applications shall also be submitted with the response. 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: February 4, 2015
Do not publish
*11 Criminal Justice Center Belinda Hill 1201 Franklin, Suite 600 Interim First Assistant Houston, Texas 77002-1901 HARRIS COUNTY DISTRICT ATTORNEY DEVON ANDERSON February 25, 2015 Chris Daniel, District Clerk
Harris County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte DONALD WAYNE HEROD No. 1152281-D in the 339th District Court of Harris County, Texas Filing date: 06-27-14 Date copy of writ delivered to District Attorney's Basket: __ f_E_B_2....;5_2_0t~5 __ By: L. Hernandez
Dear Sir: I hereby acknowledge receipt of a copy of the above-captioned post conviction application for writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure. Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer. FTB 2 5 W15 ··~:,..... ,"!·~·:: '·t.~ .. ...:.-~_ .• ~-·"'~:.";'''~' ''·· :.:· •''t'!'-·. :-, .... _ ~.:•,:'";-:t-·7:::..:--'":~:::: ·:,;--··~ :;---\~~-:~ 1'~' .• Date Received Assistant District Attorney Harris County, Texas *12 CERTIFICATE OF THE CLERK APPLICANT IN CUSTODY THE STATE OF TEXAS { IN THE 339th DISTRICT COURT { OF HARRIS COUNTY, TEXAS COUNTY OF HARRIS I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the foregoing 4 pages contain true and correct copies of original records now in my lawful custody and possession relating to cause number 1152281-D including certified copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D., 20 15) and each document, the inclusion of which was thereby ordered.
I further certify the Applicant DOANLD WAYNE HEROD is in the custody of the Texas Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court at Houston, Texas, on this the 4TH day of MARCH, 2015.
PAGE I OF I REV. 01-02-04
:00004