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DeJean v. District Clerk, Dallas County

The district clerk has no authority to continue to hold John Felix DeJean's applications for writs of habeas corpus and is under a ministerial duty to immediately forward the applications and related records. Court of Criminal Appeals, No. AP-75,928.

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OPINION

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 four 11.07 applications for writs of habeas corpus in the trial court on October 19, 2007. He alleges that more than 35 days have elapsed since the filing date and that timely orders designating issues have not been entered. He wants this Court to order the district clerk to forward his 11.07 applications.

On April 9, 2008, this Court held this application in abeyance and ordered the district clerk to respond because more than 35 days had elapsed since the alleged filing dates and this Court had no record of timely entered orders designating issues. In response to this Court’s order, the district clerk forwarded copies of orders designating issues which had been entered on March 19, 2008. This Court has still not received these 11.07 applications for writs of habeas corpus and now grants this motion for leave to file an application for a writ of mandamus because the orders designating issues were untimely entered.

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