\ • 

RECEIVED IN 

COURT OF CRIMINAL APPEALS 

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 

PAGE I OF I 

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REV. 01-02-04 
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INDEX 

WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS 

DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 

CERTIFICATE OF THE CLERK 

PAGE I OF I REV: 01-02-04 

PAGE 

1 

3 

4 
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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 

juri sJ iction of this Court. In it, he contends that he tiled applications for writs of habeas corpus in 

the 339' 11 , 230' 11 , and 337' 11 District Courts of 1-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 of Harris 

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 
_,.' 

.· 

·. 

' . • • 

in\''-'stigated (see McCree v. H(/mpton. 32.:+ S.\Y.2J 578, 579 (Tex. Crim .. -\pp. I l)l)?.)), or stating th~t 

Relator has not tiled applications for writs ofh:1beas corpus in Harris County. Should the response 

indmk orders designating issues, proofofthe date 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 of the date of this on!t.:r. 

Fikd: February 4, 2015 

Do llllt publish 

:00002 
·, 

Belinda Hill • 

Interim First Assistant 

• Criminal Justice Center 

1201 Franklin, Suite 600 

Houston, Texas 77002-1901 

HARRIS COUNTY DISTRICT ATTORNEY 

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 230 TH 

District Court of Harris County, Texas 

Filing date: 6-30-14 

Date copy ofwrit delivered to District Attorney's Basket: 2/26115 

By: B. MCNEIL 

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. 

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 of Harris County, Texas, do hereby certify that the 

foregoing ~ pages contain true and correct copies of original 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., 

20 15) and each document, the inclusion of which was thereby ordered. 

I further certify the Applicant DOANLD WAYNE HEROD is in the custody of the Texas 

Department of Criminal Justice Institutional Division. 

Witness my hand and seal of said Court at Houston, Texas, on this the 4TH day of 

MARCH, 2015. 

PAGE I OF I REV. 01-02-04 

:00004 
FROM: 

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 

PAGE I OF I REV: 01-02-04 

PAGE 

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 of this Court. In it, he contends that he filed applications for writs of habeas corpus in 

the 339'h, 230'h, and 337'h District Courts of Harris 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 District Clerk of Harris 

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 }vfcCree v. Harnpton, 824 S. W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that 

Relator has not filed applications for writs of habeas corpus in Harris County .. Should the response 

include orders designating issues, proof of the date the district 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 submitted within 30 days of the date of this order. 

Filed: February 4, 2015 

Do not publish 
Belinda Hill 

Interim First Assistant 

Criminal Justice Center 

1201 Franklin, Suite 600 

Houston, Texas 77002-1901 

HARRIS COUNTY DISTRICT ATTORNEY 

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 of Harris County, Texas 

Filing date: 06-27-14 

Date copy of writ 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 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. 

FTB 2 5 W15 

Date Received 

··~:,..... ,"!·~·:: 

'·t.~ .. ...:.-~_ .• ~-·"'~:.";'''~' ''·· :.:· •''t'!'-·. :-, .... _ ~.:•,:'";-:t-·7:::..:--'":~:::: ·:,;--··~ :;---\~~-:~ 1'~' .• 

Assistant District Attorney 

Harris County, Texas 
CERTIFICATE 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 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 1152281-D 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 of the Texas 

Department of Criminal Justice Institutional Division. 

Witness my hand and seal of said Court at Houston, Texas, on this the 4TH day of 

MARCH, 2015. 

PAGE I OF I REV. 01-02-04 

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