IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,164-02
IN RE KIRT ALLEN ESTHAY, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. DAS-13-01849 IN THE 119TH DISTRICT COURT
FROM CONCHO COUNTY
Per curiam.
ORDER
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 119th District Court of Concho County, that more than 35 days have elapsed, and that the
application has not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Concho
County, is ordered to file a response, which may be made by submitting the record on such habeas
corpus application, submitting a copy of a timely filed order that designates issues to be investigated
(see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that Relator has
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not filed an application for a writ of habeas corpus in Concho County. Should the response include
an order designating issues, proof of the date the district attorney’s office was served with the habeas
application shall also be submitted with the response. This application for leave to file a writ of
mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such
response shall be submitted within 30 days of the date of this order.
Filed: August 24, 2016
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