HILMERS v. VICTORIA DISTRICT CLERK, WR-67,174-03 (Tex.Cr.App. 4-25-2007)

PATRICK CLIFF HILMERS, JR., Relator v. VICTORIA DISTRICT CLERK, Respondent.

No. WR-67,174-03Court of Criminal Appeals of Texas.
Filed: April 25, 2007. DO NOT PUBLISH

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On application for a writ of Mandamus Cause No. 01-1-18,599A and 01-1-18600A in the 377th Judicial District Court from Victoria 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 two applications for writs of habeas corpus in the 377th Judicial District Court of Victoria County, that those applications have been forwarded to and received by this Court, but that the District Clerk of Victoria County has not provided him with copies of any answers, motions or pleadings filed by the State, or orders entered by the trial court relating to those writs. Tex. Code Crim. Proc. art. 11.07
§ 7.[1]

In these circumstances, additional facts are needed. The respondent, the District Clerk of Victoria County, is ordered to provide written proof that copies of any such documents have been sent to Relator. This application 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.

[1] Article 11.07, § 7 states:

When the attorney for the state files an answer, motion, or other pleading relating to an application for a writ of habeas corpus or the court issues an order relating to an application for a writ of habeas corpus, the clerk of the court shall mail or deliver to the applicant a copy of the answer, motion, pleading, or order.