Case Summary - In re Victor Hugo Escareno

Victor Hugo Escareno filed a writ of habeas corpus with the 370th District Court of Hidalgo County. Thirty-five days passed without the District Clerk forwarding the application on to the CCA. The CCA attempted to collect the information from the District Clerk, but received no response. Escareno filed a writ of mandamus in the Court of Criminal Appeals. The CCA held the writ in abeyance giving the District Clerk an opportunity to respond. The trial court entered an untimely order designating the issues to be resolved, but the deadline for the clerk to comply with the CCA's order passed without the clerk responding to the order. The CCA sent a letter to the clerk, but received no response.

On May 14, 2008, the CCA entered a show cause order requiring the District Clerk to file an affidavit explaining why she shouldn't be held in contempt. Five days later, the CCA received Escareno's writ application, making the mandamus moot. Three days after the CCA received the writ application (May 22, 2008), the clerk received the show cause order. The CCA received two affidavits (one from the Assistant Criminal District Attorney and another from the Deputy District clerk) before the deadline for the District Clerk's affidavit, but it received nothing from the District Clerk herself.

Judge Meyers, joined by seven other judges, held the District Clerk in contempt and assessed a fine of $500. Presiding Judge Keller dissentd without an opinion. There's no underlying court of appeals opinion, but here's a link to the order on the writ of mandamus.