Court of Civil Appeals of Texas, 2007

In Re Altschul

In Re Altschul
Court of Civil Appeals of Texas · Decided November 28, 2007 · Gray, Vance, Reyna, Respondent
238 S.W.3d 603; 2007 Tex. App. LEXIS 9248; 2007 WL 4200603 (South Western Reporter, Third Series)

In Re Altschul

Opinion

ORDER

PER CURIAM.

In this original proceeding, we have conditionally granted mandamus relief to Relator Todd-Warren Altschul, who has now filed a “motion to enforce” our judgment. Altschul’s motion asserts that Respondent, the Honorable Ralph T. Strother, Judge of the 19th District Court of McLennan County, apparently has not ruled on Alt-schul’s application for writ of habeas corpus within thirty days of our September 26, 2007 opinion and judgment. See In re Altschul, 236 S.W.3d 453 (Tex.App.-Waco, 2007, orig. proceeding).

Our opinion stated:

Respondent is ordered to rule on Alt-schul’s application for writ of habeas corpus within thirty days of the date of this opinion. The writ will issue only if Respondent does not timely act on the application.

Id.

Altschul’s motion for actual issuance of the writ of mandamus is granted. The clerk is directed to issue the writ in accordance with our opinion dated September 26, 2007, and to deliver it to Respondent forthwith commanding him, not later than 5:00 o’clock p.m. on December 5, 2007, to rule on Altschul’s application for writ of habeas corpus in Cause Number 2402-J, styled “In the Matter of Todd-Warren Alt-schul,” now pending on the docket of the 19th District Court of McLennan County, Texas. The clerk shall attach a copy of this order to the writ of mandamus to be served on Respondent in accordance with this order.

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