Padieu, Philippe, Relator v. Court of Appeals of Texas, 5th District

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. AP-76,727

PHILIPPE PADIEU, Relator



v.



COURT OF APPEALS OF TEXAS, FIFTH DISTRICT, Respondent



ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 05-11-00883-CV, 05-11-00884-CV, 05-11-00885-CV,

05-11-00886-CV, 05-11-00887-CV, 05-11-00888-CV

IN THE COURT OF APPEALS OF TEXAS, FIFTH DISTRICT, DALLAS

Per curiam.

O R D E R



Relator has filed a pro-se motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed petitions in the court of appeals seeking a writ of mandamus ordering the trial court to rule on pending motions for a free copy of the trial record from a criminal case. The court of appeals determined that it did not have jurisdiction and dismissed because the underlying motions sought a trial record to aid in the preparation of a habeas corpus application under article 11.07 of the Code of Criminal Procedure. In re Padieu, Nos. 05-11-00883 - 00888-CV (Tex. App.- Dallas., Jul. 19, 2011) (published).

We order that this application be filed and set for submission to determine if an appellate court has jurisdiction to consider whether the trial court should be ordered to rule on a pending motion relating to a future, un-filed habeas corpus application. The parties are invited to brief the issue.

Relator is entitled to representation before this Court at this time. Tex. Code Crim. Proc. art. 1.051 (d)(4). Accordingly, the trial court, the 219th Judicial District Court, Collin County, Texas, is ordered to determine if Relator is currently represented by counsel, and if so, to inform this Court who represents Relator. If Relator is not currently represented by counsel and desires counsel, the trial court must first determine whether Relator is indigent. If the trial court finds Relator is indigent, that court shall appoint an attorney to represent Relator before this court in regard to AP-76,727 in accord with the provisions of Articles 1.051 and 26.04 of the Code of Criminal Procedure. The trial court shall send to this Court, within 30 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 60 days of the date of this order.



Filed: February 15, 2012

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