Court of Criminal Appeals of Texas, 2019

East, Wayne Edward

East, Wayne Edward
Court of Criminal Appeals of Texas · Decided August 21, 2019

East, Wayne Edward

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-15,420-08

IN RE WAYNE EDWARD EAST, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 7099-B IN THE 104TH DISTRICT COURT FROM TAYLOR COUNTY

Per curiam.

ORDER Relator has filed a motion for leave to file an application for a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that the trial court is not ruling on a motion he says he filed to have his appellate counsel provide him with his case file. Applicant asks this Court to compel a ruling.

Consideration of a motion properly filed and before a trial court is ministerial. White v. Reiter, 640 S.W.2d 586, 594 (Tex. Crim. App. 1982). Respondent, the Judge of the 104th District Court of Taylor County, shall file a response with this Court regarding Applicant’s claim that the trial court is not ruling on his motion. Respondent’s response shall be submitted within 30 days of the date of this order. This application for leave to file a writ of mandamus will be held in abeyance until Respondent has submitted a response.

Filed: August 21, 2019 Do not publish

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