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,
WRIT OF HABEAS CORPUS
CERTIFIED COPIES OF
CAUSE NO. 1097497-A
POST CONVICTION
FROM: 179TH DISTRICT COURT
RECEIVED IN
COURT OF CRIMINAL APPEAlS
OF ocr oa 2015
4bel Acosta, Clerk
HARRIS COUNTY, TEXAS
LEEROY CESAR CARBALLO
APPLICANT
vs.
THE STATE OF TEXAS
RESPONDENT
PAGE I OF 1- REV. 01-02-04
• INDEX
•
PAGE
WRIT OF MANDAMUS ORDER ISSUED IN THE COURT OF CRIMINAL
APPEALS OF TEXAS
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3
. THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES I THE 4
STATE'S PROPOSED ORDER DESIGNATING ISSUES .
LETTER TO APPLICANT 7
CERTIFICATE OF THE CLERK 8
PAGE I OF I REV: 01-02-04
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FILED
Chris Daniel
District Clerk
JUL 2 9 2015
llme:,_ __,.,.__,.--=--:--::::-::-:~
Harrls Co!f0' Toxa&
BY.------~~~~-------
Doputy
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,506-01
IN RE LEEROY CESAR CARBALLO, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE N0.1097497-A IN THE 179T" DISTRICT COURT
FROM HARRIS 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. He contends that he mailed an "amended/supplemented application for
writ of habeas corpus" 1 in November 2013, and has received no confirmation that the District Clerk
filed the documents.
In these circumstances, additional facts are needed. The Respondent, the District Clerk of
Harris County, is ordered to file a response, addressing whether they received Applicant's pleadings,
1
It appears that the original writ filed is still pending under authority of an order
designating issues signed on October 20, 2011.
RECORDER'S MEMORAND~M
This instrument is of poor quality
at the time of imaging
:00001
,,
/,
\.-• i
• •
2
and, if so, stating whether they were filed. If the pleadings were received and filed, the District
Clerk's response shall include proof establishing the date offiling. Ifthe pleadings were received
but not filed, the District Clerk shall detail its rationale for not filing them.
This motion for leave to file a writ of mandamus shall 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.
Filed: July 29,2015
Do not publish
:00002
PATRICIA R. LYKOS
•••
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
September 28, 2011
Chris Daniel, District Clerk
Hams County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte LEEROY CESAR CARBALLO
No. 1097497-A in the 17~™
District Court of Harris County, Texas
Filing date: SEPTEMBER 28T", 2011
Date copy ofwrit delivered to District Attorney's Basket: SEPTEMBER 28T", 2011
By: L..JEFFERSON
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for
writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.
Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
' ~·-· ..
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~~-· SEP 3 0 2011 ;;f:> u.;,~ .
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Date Received :r· ....'1\ssi·stann:Jisir!ct Attorney
i'··
'.:: ~~f· ..,,,.: (l'· Harris County, Texas
1201 Franklin Street, Suite 600, Houston, Texas 77002-1923
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,.
NO. 1097497-A
•
EX PARTE § IN THE !79th DISTRICT COURT
§ OF
LEEROY CESAR CARBALLO,
Applicant § HARJUSCOUNTY,TEXAS
THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES
The State of Texas, by and through its Assistant District Attorney for Harris County,
requests that this Court, pursuant to TEX. CODE CRIM. PROC. art. 11.07, §3(d), designate the
following issues which need to be resolved:
1. Whether the applicant received effective assistance of counsel at trial.
2. Whether the applicant received effective assistance of counsel on appeal.
Service has been accomplished by mailing a true and correct copy of the foregoing
instrument to the following address:
Q
Leeroy Cesar Carballo w
C)
#1462910- Wayne Scott Unit
6999 Retrieve Rd.
Angleton, TX 77515 -~
SIGNED October 6, 2011.
Rey;tf~lf.bml:i~tt~e=='~-:
~Keating
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-6657, (713) 755-5809 (fax)
Texas Bar I.D. #00787813
RECORDER'S MEMORAND~M
This instrument is of poor quality
at the time of imaging
:00004
•-"
• NO. 1097497-A
•
EX PARTE § IN THE 179th DISTRICT COURT
§ OF
LEEROY CESAR CARBALLO,
Applicant § HARRIS COUNTY, TEXAS
THE STATE'S PROPOSED ORDER DESIGNATING ISSUES
Having reviewed the applicant's application for writ of habeas corpus, the Court finds
that the following issues need to be resolved in the instant proceeding:
1. Whether the applicant received effective assistance of counsel at trial.
2. Whether the applicant received effective assistance of counsel on appeal.
Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issues
and then enter findings of fact.
The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the
above-styled case to the Court of Criminal Appeals until further order by this Court.
By the following signature,
the Court adopts the State's Proposed Order Designating Issues.
SIGNED on the_ day ofO~~ 1011. /
g~
PRESIDING JUDGE
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• CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
•
November 7, 2011
PATRICIA LYKOS
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below concerning the Post Conviction Writ filed in
cause number 1097497-A in the 179TH District Court.
0 State's Original Answer Filed
0 Affidavit Filed
0 Court Order Dated
[8J Respondent's Proposed Order Designating Issues Dated October 20, 2011
0 Respondent's Proposed Findings ofFact and Order
0 Other·
Enclosure(s)- RESPONDENT'S MOTION/ORDER DESIGNATING ISSUES
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
PAGE I OF I REV: 01-02-04
:00006
• CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
•
November 7, 2011
LEROY CESAR CARBALLO
3146291 0-WAYNE SCOTT UNIT
6999 RETRIEVE RD.
ANGLETON, TX 77515
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below concerning the Post Conviction Writ filed in
cause number 1097497-A in the 179TH District Court.
0 State's Original Answer Filed
0 Affidavit Filed
0 Court Order Dated
~ Respondent's Proposed Order Designating Issues Dated October 20, 2011
0 Respondent's Proposed Findings of Fact and Order
0 Other
~~,..,Deputy
Criminal Post Trial
Enclosure(s)- RESPONDENT'S MOTION/ORDER DESIGNATING ISSUES
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
PAGEl OFI REv: 01-02-04 ·
:00.007
• •
CERTIFICATE OF THE CLERK
APPLICANT IN CUSTODY
THE STATE OF TEXAS { IN THE 179th DISTRICT COURT
COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS
I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify thatthe
foregoing ~ pages contain true and correct copies of original records now in my
lawful custody and possession relating to cause number 1097497-A including certified
copies as requested from Court Order (entered on the 29th day of JULY, A.D., 2015) and
each document, the inclusion of which was thereby ordered.
I further certify the Applicant LEEROYCESAR CARBALLO is in the custody of the
Texas Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court at Houston, Texas, on this the 21st day of
SEPTEMBER, 2015.
PAGE I OF I REV. 01-02-04
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