Court of Criminal Appeals of Texas, 2007

Lange, Del Eugene v. Steve Smith, Presiding Judge, 361st District Court

Lange, Del Eugene v. Steve Smith, Presiding Judge, 361st District Court
Court of Criminal Appeals of Texas · Decided June 13, 2007

Lange, Del Eugene v. Steve Smith, Presiding Judge, 361st District Court

Opinion

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-67,650-01


DEL EUGENE LANGE, Relator



v.



361st JUDICIAL DISTRICT COURT, Respondent




ON APPLICATION FOR A WRIT OF MANDAMUS

FROM BRAZOS COUNTY


Per curiam.

O R D E R



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 an application for a writ of habeas corpus in the 361st Judicial District Court of Brazos County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Relator contends that the district court entered an order designating issues on February 12, 2004.

In these circumstances, additional facts are needed. The respondent, the judge of the 361st District Court of Brazos County, is ordered to file a response with this Court by finding that no such application has been filed, by having the District Clerk submit the record on such habeas corpus application, or by setting out the reasons that no findings have been made since the order designating issues was entered. This application for leave to file a writ of mandamus will 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.



DELIVERED: June 13, 2007

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