IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-74,799-03
BILLY R. RICHARDSON, Relator
v.
HON. CARTER THOMPSON, JUDGE OF CRIMINAL DISTRICT COURT NO. 5, Respondent
CAUSE NO. F-0175463-PL
FROM DALLAS COUNTY
O R D E R
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 he filed an application for a writ of habeas corpus in Criminal District Court No. 5 of Dallas 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 April 28, 2011.
On April 4, 2012, we held this application in abeyance and directed Respondent, the Judge of Criminal District Court No. 5 of Dallas County, to file a response with this Court by having the District Clerk submit the record on such habeas corpus application or, in the alternative, resolving the issues set out in his order and then having the District Clerk submit the record on such application.
On April 27, we received a response. The habeas record was not forwarded to this Court. Instead, Respondent said the State was investigating whether Relator was actually innocent and Respondent did not believe the habeas record should be forwarded to this Court until the State had competed its investigation. We believe Respondent has shown good cause for not having the District Clerk forward the habeas record.
Respondent shall submit his response to this Court's original order within 90 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 his response.
Filed: May 16, 2012
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