in Re Michael Joseph Griffith

Fourth Court of Appeals San Antonio, Texas November 17, 2017

No. 04-17-00732-CR

IN RE Michael Joseph GRIFFITH

Original Mandamus Proceeding 1

Sitting: Sandee Bryan Marion, Chief Justice

Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice

On November 3, 2017, Relator Michael Joseph Griffith filed a petition for writ of mandamus, complaining of the trial court’s refusal to rule on his “Motion for Appointment of Attorney and the Granting of an Evidentiary Hearing.” The State filed a reply. This court is of the opinion that a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b); see also Padieu v. Court of Appeals of Tx., Fifth Dist., 392 S.W.3d 115, 117-18 (Tex. Crim. App. 2013). The respondent may file a response to the petition for writ of mandamus in this court no later than December 4, 2017. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

It is so ORDERED on November 17, 2017.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of November, 2017.

___________________________________ KEITH E. HOTTLE, Clerk of Court