Case Information
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WRIT OF HABEAS CORPUS CERTIFIED COPIES OF CAUSE NO. 1097497-A POST CONVICTION 179TH DISTRICT COURT FROM:
RECEIVED IN COURT OF CRIMINAL APPEAlS ocr oa OF 4bel Acosta, Clerk HARRIS COUNTY, TEXAS LEEROY CESAR CARBALLO APPLICANT vs.
THE STATE OF TEXAS RESPONDENT PAGE I OF 1- REV. 01-02-04
INDEX PAGE WRIT OF MANDAMUS ORDER ISSUED IN THE COURT OF CRIMINAL APPEALS OF TEXAS
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3 . THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES I THE 4
STATE'S PROPOSED ORDER DESIGNATING ISSUES .
LETTER TO APPLICANT 7 CERTIFICATE OF THE CLERK
PAGE I OF I REV: 01-02-04
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FILED Chris Daniel District Clerk JUL 2 9 2015 llme:, _ __,.,.__,.--=--:--::::-::-:~ Harrls Co!f0' Toxa& BY.------~~~~------- Doputy IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-83,506-01 IN RE LEEROY CESAR CARBALLO, Relator ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE N0.1097497-A IN THE 179T" DISTRICT COURT 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. He contends that he mailed an "amended/supplemented application for writ of habeas corpus" [1] in November 2013, and has received no confirmation that the District Clerk filed the documents.
In these circumstances, additional facts are needed. The Respondent, the District Clerk of Harris County, is ordered to file a response, addressing whether they received Applicant's pleadings,
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and, if so, stating whether they were filed. If the pleadings were received and filed, the District Clerk's response shall include proof establishing the date offiling. Ifthe pleadings were received but not filed, the District Clerk shall detail its rationale for not filing them.
This motion 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: July 29,2015
Do not publish
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PATRICIA R. LYKOS DISTRICT ATTORNEY HARRIS COUNTY, TEXAS September 28, 2011 Chris Daniel, District Clerk
Hams County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte LEEROY CESAR CARBALLO No. 1097497-A in the 17~™ District Court of Harris County, Texas Filing date: SEPTEMBER 28T", 2011 Date copy ofwrit delivered to District Attorney's Basket: SEPTEMBER 28T", 2011 By: L..JEFFERSON
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:> u.;,~ . ~,;. SEP 3 0 .,.. ~~-· ~ . ~~· ... ~~;, - - - - - - - - - :; .... ..-.c'..oll~ - _ \. ' ·.:<\ Date Received .... '1\ssi·stann:Jisir!ct Attorney :r· ~.·.: i'·· Harris County, Texas '.:: ~~f· .. ,,,.: (l'· 1201 Franklin Street, Suite 600, Houston, Texas 77002-1923
,.
NO. 1097497-A EX PARTE § IN THE !79th DISTRICT COURT OF
§ LEEROY CESAR CARBALLO,
Applicant § HARJUSCOUNTY,TEXAS
THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES The State of Texas, by and through its Assistant District Attorney for Harris County, requests that this Court, pursuant to TEX. CODE CRIM. PROC. art. 11.07, §3(d), designate the following issues which need to be resolved:
1. Whether the applicant received effective assistance of counsel at trial.
2. Whether the applicant received effective assistance of counsel on appeal.
Service has been accomplished by mailing a true and correct copy of the foregoing instrument to the following address: Q w
Leeroy Cesar Carballo C) #1462910- Wayne Scott Unit ~ - 6999 Retrieve Rd. Angleton, TX
SIGNED October 6, 2011.
Rey;tf~lf.bml:i~tt~e =='~-: ~Keating Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-6657, (713) 755-5809 (fax) Texas Bar I.D. #00787813 RECORDER'S MEMORAND~M This instrument is of poor quality at the time of imaging *7 -" •
NO. 1 097497-A EX PARTE IN THE 179th DISTRICT COURT §
§ OF LEEROY CESAR CARBALLO,
Applicant § HARRIS COUNTY, TEXAS
THE STATE'S PROPOSED ORDER DESIGNATING ISSUES Having reviewed the applicant's application for writ of habeas corpus, the Court finds that the following issues need to be resolved in the instant proceeding:
1. Whether the applicant received effective assistance of counsel at trial.
2. Whether the applicant received effective assistance of counsel on appeal.
Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issues and then enter findings of fact.
The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the above-styled case to the Court of Criminal Appeals until further order by this Court.
By the following signature, the Court adopts the State's Proposed Order Designating Issues. SIGNED on the_ day ofO ~~ 1011. / g~ PRESIDING JUDGE *8 • CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK November 7, 2011
PATRICIA LYKOS
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writ filed in cause number 1097497-A in the 179TH District Court.
0 State's Original Answer Filed
0 Affidavit Filed
0 Court Order Dated
[8J Respondent's Proposed Order Designating Issues Dated October 20, 2011 0 Respondent's Proposed Findings ofFact and Order
0 Other·
Enclosure(s)- RESPONDENT'S MOTION/ORDER DESIGNATING ISSUES
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577 PAGE I OF I REV: 01-02-04
• CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK November 7, 2011
LEROY CESAR CARBALLO
3146291 0-WAYNE SCOTT UNIT
6999 RETRIEVE RD.
ANGLETON, TX 77515
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writ filed in cause number 1097497-A in the 179TH District Court.
0 State's Original Answer Filed
0 Affidavit Filed
0 Court Order Dated
~ Respondent's Proposed Order Designating Issues Dated October 20, 2011 0 Respondent's Proposed Findings of Fact and Order
0 Other
~~,..,Deputy
Criminal Post Trial
Enclosure(s)- RESPONDENT'S MOTION/ORDER DESIGNATING ISSUES
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577 PAGEl OFI REv: 01-02-04 ·
:00.007 CERTIFICATE OF THE CLERK APPLICANT IN CUSTODY THE STATE OF TEXAS { IN THE 179th DISTRICT COURT COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify thatthe foregoing ~ pages contain true and correct copies of original records now in my lawful custody and possession relating to cause number 1097497-A including certified copies as requested from Court Order (entered on the 29th day of JULY, A.D., 2015) and each document, the inclusion of which was thereby ordered.
I further certify the Applicant LEEROYCESAR CARBALLO 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 21st day of SEPTEMBER, 2015.
PAGE I OF I REV. 01-02-04
[1] It appears that the original writ filed is still pending under authority of an order designating issues signed on October 20, 2011. RECORDER'S MEMORAND~M This instrument is of poor quality at the time of imaging