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Click here for the full text of this decision FACTS:Roque Tercero Aranda was convicted of burglary of a habitation and sentenced to 15 years’ imprisonment. He contends that he attempted to file an application for a writ of habeas corpus with the Gaines County District Clerk but the application was refused and returned. According to the district clerk, Aranda’s habeas application was not filed because, pursuant to a court order, Aranda was found to be a vexatious litigant and was prohibited from filing new litigation in state courts. The district clerk conceded that if Aranda mailed the clerk an application for a writ of habeas corpus, the clerk’s office would never have known it because the office returned the envelope, unopened, to him. Under Texas Civil Practice & Remedies Code �11.101(a)(2), a person designated as a vexatious litigant is prohibited from filing new litigation unless the local administrative judge of the court where the litigation will be filed grants permission. There is no evidence in the record that Aranda was granted permission to file new litigation in Gaines County. The decision by the Gaines County District Clerk to not file Aranda’s habeas application was therefore presumably based on the restrictions in �11.101(a)(2). HOLDING:The application for a writ of mandamus was granted. The Court of Criminal Appeals (CCA) addressed whether Texas Civil Practice & Remedies Code �11.101(a)(2) applied to habeas applications filed pursuant to Texas Code of Criminal Procedure Art. 11.07. Section 11.001(2) of the Texas Civil Practice & Remedies Code, the CCA stated, defines litigation as “a civil action commenced, maintained, or pending in any state or federal court.” The CCA stated that an application for a writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure Art. 11.07 is not a civil action but criminal in nature. The CCA concluded that Aranda was not prohibited from filing an application for a writ of habeas corpus with the Gaines County District Clerk pursuant to Texas Code of Criminal Procedure Art. 11.07. The CCA, however, noted that under Texas Government Code �498.0045, a habeas application filed for the purpose of abusing judicial resources will be considered frivolous and will result in the forfeiture of an inmate’s good time. The court conditionally granted Aranda’s application for a writ of mandamus and directed the Gaines County district clerk to accept and file Aranda’s habeas application. OPINION:Per curiam.

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