Court of Criminal Appeals of Texas

In defendant's petition for a writ of mandamus, claiming that a county district clerk refused to file his application for a writ of habeas corpus concerning his conviction for aggravated robbery while another habeas corpus application concerning the same cause was pending in court, is conditionally granted as, whether a habeas corpus applicant has other applications pending is irrelevant to the district clerk's duty to receive, file and forward habeas corpus applications under Article 11.07, as such duty is unequivocal and subject only to the limitations in the rules concerning compliance with the habeas form.

Appellate Information

• Decided 01/12/2011
• Published 01/12/2011

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• Court of Criminal Appeals of Texas

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