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WRIT OF HABEAS CORPUS
RECEiVED IN
COURT OF CRIMINAL APPEALS CERTIFIED COPIES OF
MAR 112015
POST CONVICTION
FROM: I 85TH DISTRICT COURT
OF
HARRIS COUNTY, TEXAS
DONALD WAYNE HEROD
APPLICANT
vs.
THE STATE OF TEXAS
RESPONDENT
CAUSE #476691-B
PAGE I OF I REV. 01-02-04
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INDEX
PAGE
WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3
CERTIFICATE OF THE CLERK 4
PAGE I OF I REV: 01-02-04
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~·· ...,
FILED
Chris Daniel
Ois~rict Cieri<
FEB 0 5 2015
Tima:
-~Is County, Texas
By_ _ _-n~~---
Deputy
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-69,858-17
IN RE DONALD W. HEROD, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 476691 IN THE 185th 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. In it, he contends that he filed an application for a writ of habeas corpus
in the 185th District Court of Harris 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 ofHarris
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 which designates issues to be
. investigated (see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that
•
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0
2
Relator has not filed an application for a. writ of habeas corpus in Harris 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: February 4, 2014
Do not publish
:00002
Belinda Hill Criminal Justice Center
Interim First Assistant 1201 Franklin, Suite 600
Houston, Texas 77002-1901
HARRIS COUNTY DISTRICT ATTORNEY
DEVON ANDERSON
February 25,2015
Chris Daniel, District Clerk
Harris County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte DONALD WAYNE HEROD
No. 476691-B in the 185th
District Court of Harris County, Texas
Filing date: 08-27-14
Date copy of writ delivered to District Attorney's Basket: _F_£_8_ 2_5_2_0_15_ _
By: L. Hernandez
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.
fEB 2 5 ZOf5
" +
Date Received ...,,A:sslstanfDistficf·Anorney....,··-··\·'""
Harris County, Texas
:00003
CERTIFICATE OF THE CLERK
APPLICANT IN CUSTODY
THE STATE OF TEXAS { IN THE 185th DISTRICT COURT
COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS
I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the
foregoing 4 pages contain true and correct copies of original records now in my
lawful custody and possession relating to cause number 476691-B including certified
copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D.,
20 15) and each document, the inclusion of which was thereby ordered.
I further certify the Applicant DOANLD WAYNE HEROD is in the custody ofthe Texas
Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court atHouston, Texas, on this the 4TH day of
MARCH, 2015.
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