Legal Opinion

Benson v. District Clerk

Court of Criminal Appeals of Texas

Decided January 12, 2011No. AP-76,409PublishedCited by 37 opinions

1Opinion of the Court

OPINION

2Per curiam

Relator filed an application for a writ of mandamus with this Court, contending that the Montgomery County District Clerk refused to file his application for a writ of habeas corpus while another habe-as corpus application concerning the same cause was pending in this Court. We conditionally grant relief.

Relator was convicted of aggravated robbery and sentenced to twenty-five years’ imprisonment. He contends that he attempted to file an application for a writ of habeas corpus with the Montgomery County District Clerk, but the application was refused and returned. After abating…

3Cases cited4 opinions

  1. State Ex Rel. Hill v. PirtleCourt of Criminal Appeals of Texas · 1994
  2. Winters v. Presiding Judge of the Criminal District Court Number Three of Tarrant CountyCourt of Criminal Appeals of Texas · 2003
  3. Deleon v. District ClerkCourt of Criminal Appeals of Texas · 2006
  4. Aranda v. District ClerkCourt of Criminal Appeals of Texas · 2006

4Cited by37 opinions

  1. Calvin, ChristopherCourt of Criminal Appeals of Texas · 2023
  2. Carballo, Leeroy CesarCourt of Appeals of Texas · 2015
  3. Henry, BobbyCourt of Appeals of Texas · 2015
  4. In Re Eric J. Mapes v. the State of Texas, Texas Court of Appeals, 11th District (Eastland)2025
  5. In Re Gerald Don Gatewood v. the State of Texas, Texas Court of Appeals, 11th District (Eastland)2025

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