IN RE ROBERT JASON LOGAN, Relator (Other)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-79,656-03 IN RE ROBERT JASON LOGAN, Relator ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NOS. CR-25976-A & CR-28367-B IN THE 75TH DISTRICT COURT FROM LIBERTY 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 applications for a writ of habeas corpus in the 75th District Court of Liberty County and that the District Clerk has not complied with Article 11.07, § 7, of the Code of Criminal Procedure. On November 27, 2013, we held this application in abeyance and ordered the District Clerk to respond and state whether she complied with § 7. On December 9, we received a response. A deputy in the District Clerk s Office stated that her office policy is to send inmates copies of documents ordered to be sent. Regardless of whether documents are ordered to be sent, the 2 District Clerk has a ministerial duty under § 7 to mail or deliver to an applicant copies of answers, motions, pleadings, and orders. TEX . CODE CRIM . PROC. art. 11.07, § 7. We are also unable to determine from the deputy s response whether the District Clerk has complied with § 7. The deputy stated that both of Relator s Article 11.07 applications contain the State s waiver of notice and an order directing evidence on controverted, unresolved facts. The deputy said she therefore believed she had complied with § 7. The deputy shall file a second response and state what orders, if any, she has sent to Relator in response to his Article 11.07 applications. 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 Filed: December 18, 2013 Do not publish

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