\ 

# •
RECEIVED IN COURT OF CRIMINALAPPEALS 

# MAR 112015 Abe'Acosta,Clem FROM: 

### WRIT OF HABEAS CORPUS CERTIFIED COPIES OF POST CONVICTION

230TH DISTRICT COURT OF HARRIS COUNTY, TEXAS
DONALD WAYNE HEROD APPLICANT 

### VS. THE STATE OF TEXAS RESPONDENT 

# CAUSE #678796-C

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WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER CERTIFICATE OF THE CLERK

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# •**'f!ma:_--:-:----,--::--~--­** :1orrla County, fnu Jy ______**~~---------** Daputy 

## IN THE COURT OF CRIMINAL APPEALS OF TEXAS

Per curiam. NO. WR-69,858-16 IN HE DONALD W. IIEROD, Relator ON ,\PPLIC\TION FOR A \VRIT OF**i\1..\NO..\~IUS** CAUSE NOS. I 152281,0678796 & 0867122 L'l TilE JJ9'h, 2JO'h & JJ7'h DISTRICT COUirfS FROM HARRIS COUNTY**OI~DER** Rdator has tiled a motion for leave to file a writ of mandamus pursuant to the original jurisJiction ofthis Court. In it, he contends that he tiled applications for writs ofhabeas corpus in the 339'11 , 230' 11 , and 337' 11 District Courts of1-laJTis County, that more than 35 Jays have elapsed, and that the applications have not yet been forwarded to this Court. In these circumstances,additional facts are needed. Respondent, the District Clerk ofHarris County. is ordered to tile a response, which may be made by submitting the records on such habeas corpus applications, submitting a copy of timely filed orders which designate issues to be_,.' 

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# . 

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in\''-'stigated (see McCree v. H(/mpton. 32.:+ S.\Y.2J 578, 579 (Tex. Crim.. -\pp. Il)l)?.)), or stating**th~t** Relator has not tiled applications for writs ofh:1beas corpus in Harris County. Should the response indmkorders designating issues, proofofthedate the district attorney's oftice \vas served with the habeas applications shall ::tlso be submitted with the response. This application for kave to tik a writ of manJamus 

### shall be held in abeyance until ResponJcnt has**~ubmitted** the appropriate response. Such response shall be submitted within 30 days ofthe date ofthis on!t.:r. Fikd: February 4, 2015 Do llllt publish



### :00002·, 

# • Belinda Hill Interim FirstAssistant 

# • CriminalJustice Center 1201 Franklin, Suite 600 Houston, Texas 77002-1901 

### HARRIS COUNTY DISTRICTATTORNEY DEVON ANDERSON

Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 February 26, 2015

Re: Ex parte DONALD WAYNE HEROD No. 678796-C in the 230TH District Court ofHarris County, Texas Filing date: 6-30-14 Date copy ofwritdelivered to District Attorney's Basket: 2/26115 By: B. MCNEIL Dear Sir: I hereby acknowledge receipt ofa copy ofthe above-captioned post conviction application for writ ofhabeas corpus, filed pursuant to Article 11.07 ofthe Texas Code ofCriminal Procedure. Therefore, I waive service by certified mail as provided therein. I understand that I have 15 days from the date received to answer.

Date Received**~~"f'lt,'** ....- ..... "'"l-"'-"' ...**..,,-·-:.,~** ':''**~** .i 'I •• ,.:·'" ....**J~···.-r: ·r~~** ......,.., ,/' Sincerely, ··,\
/**·~)** T l 

### -·fo;-;;\_'2... 

## &J I**If,~~~** 

### '\., •••··..**t.·~-.** -· ...... ,,**--~** ·r·_··;._,:**-~: .tr.I~.._·;~~:~·:J:...::~::.:~:...···'ta..i:~t** **-s~Ji:Jl!·-..,:"'5-:!lo** Assistant District Attorney

. Harris County, Texas

# • •

CERTIFICATE OF THE CLERK APPLICANT IN CUSTODY THE STATE OF TEXAS { IN THE 230th DISTRICT COURT COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS I, CHRIS DANIEL, District Clerk ofHarris County, Texas, do hereby certify that the foregoing

# ~ pages contain true and correct copies oforiginal records now in my lawful custody and possession relating to cause number 678796-C including certified copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D., 2015) and each document, the inclusion ofwhich was thereby ordered. I further certify the Applicant DOANLD WAYNE HEROD is in the custody ofthe Texas Department ofCriminal Justice Institutional Division. Witness my hand and seal ofsaid Court at Houston, Texas, on this the 4TH day of MARCH, 2015.

PAGE I OF I REV. 01-02-04 

### :00004FROM: WRIT OF HABEAS CORPUS CERTIFIED COPIES OF POST CONVICTION

339TH DISTRICT COURT OF HARRIS COUNTY, TEXAS
DONALD WAYNE HEROD APPLICANT VS. THE STATE OF TEXAS RESPONDENT 

# CAUSE #1152281-D

PAGE I OF I REV. 01-02-04

## INDEX
WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER CERTIFICATE OF THE CLERK

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3 4't .. ,. 

# FJIJLED Chris Daniel**Dls~rlct** Clerk 

### FEB 0 5 

### 2015 nme: __**~~~~~----­** Harrla County, Texae

### By------~~~------- oaputy 

## IN THE COURT OF CRIMINAL APPEALS OF TEXAS

Per curiam. NO. WR-69,858-16 IN RE DONALD W. HEROD, Relator ON APPLICATION FOR A WRIT OF l\tlANDAMUS CAUSE NOS. 1152281, 0678796 & 0867122 IN THE 339'h, 230'h & 337'h DISTRICT COURTS FROM HARRIS COUNTY
ORDER 

### Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction ofthis Court. In it, he contends that he filed applications for writs ofhabeas corpus in the 339'h, 230'h, 

### and 337'h 

### DistrictCourts ofHarris County, that more than 35 

### days have elapsed, and that the applications have not yet been forwarded to this Court. In these circumstances, additional facts are needed. Respondent, the DistrictClerk ofHarris County, is ordered to file a response, which may be made by submitting the records on such habeas corpus applications, submitting a copy of timely filed orders which designate issues to be


### :00001' 

# - . • l 

### 2 investigated(see}vfcCreev. Harnpton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), orstatingthat Relator has not filed applications for writs ofhabeas corpus in Harris County.. Should the response include orders designating issues, proofofthe datethedistrict attorney's office was served with the habeas applications 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 submittedwithin 30 days ofthe date ofthis order. Filed: February 4, 2015 Do not publishBelinda Hill Interim First Assistant CriminalJustice Center 1201 Franklin, Suite 600 Houston, Texas 77002-1901 

### HARRIS COUNTY DISTRICTATTORNEY DEVON ANDERSON

Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 February 25, 2015

Re: Ex parte DONALD WAYNE HEROD No. 1152281-D in the 339th District Court ofHarris County, Texas Filing date: 06-27-14 Date copy ofwrit delivered to District Attorney's Basket: __

### f_E_B_2....;5_2_0t~5 

### __ By: L. Hernandez Dear Sir: I hereby acknowledge receipt of a copy ofthe above-captioned post conviction application for writ ofhabeas corpus, filed pursuant to Article 11.07 ofthe Texas Code ofCriminal Procedure. Therefore, I waive service by certified mail as provided therein. I understand that Ihave 15 days from the date received to answer.


### FTB 2 5 W15 Date Received**··~:,..... ,"!·~·::** **'·t.~**..**...:.-~_** .•**~-·"'~:.";'''~'** ''·· :.:· •''t'!'-·. :-, .... _**~.:•,:'";-:t-·7:::..:--'":~:::: ·:,;--··~** **:;---\~~-:~ 1'~'**  .• Assistant District Attorney Harris County, TexasCERTIFICATE OF THE CLERK APPLICANT IN CUSTODY THE STATE OF TEXAS { IN THE 339th DISTRICT COURT COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS I, CHRIS DANIEL, District Clerk ofHarris County, Texas, do hereby certify that the foregoing 

# 4 pages contain true and correct copies oforiginal records now in my lawful custody and possession relating to cause number 1152281-D including certified copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D., 2015) and each document, the inclusion ofwhich was thereby ordered. I further certify the Applicant DOANLD WAYNE HEROD is in the custody ofthe Texas Department ofCriminal Justice Institutional Division. Witness my hand and seal ofsaid Court at Houston, Texas, on this the 4TH day of MARCH, 2015.

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