Narrative Opinion Summary
The case involves Nathan Felder, who submitted a request related to Writ #WR-35,031-04, previously denied under Texas Code of Criminal Procedure Article 11.07. Felder seeks a response from Texas court clerks, as mandated by the U.S. Supreme Court Clerk. His petition for writ of certiorari was returned by the Supreme Court due to missing documents, notably the opinions from the Texas Court of Criminal Appeals and the Texas Court of Appeals. Felder has been granted 60 days to correct and resubmit his petition without altering its original content. He certifies the accuracy of his submission under penalty of perjury, ensuring all documents were properly mailed to the relevant parties. This procedural requirement underscores the importance of complete and accurate submissions in appellate proceedings. The case highlights the procedural nuances and strict adherence to filing requirements necessary for advancing writs of certiorari to the United States Supreme Court.
Legal Issues Addressed
Certification of Mailing under Penalty of Perjurysubscribe to see similar legal issues
Application: Felder certifies the proper mailing and truthfulness of his letter and motion, which is a procedural requirement to validate the submission of documents to the court.
Reasoning: He declares under penalty of perjury that the contents of his letter and the accompanying motion are true and correct.
Filing Requirements for Writs of Certiorarisubscribe to see similar legal issues
Application: The petitioner, Nathan Felder, must ensure that all necessary documents, including lower court opinions, are included in his petition for writ of certiorari to the United States Supreme Court.
Reasoning: A letter from the Supreme Court indicates that Felder's petition for writ of certiorari was returned due to missing required documents, specifically the lower court opinions from the Texas Court of Criminal Appeals and the Texas Court of Appeals.
Procedure for Resubmission of Incomplete Petitionssubscribe to see similar legal issues
Application: Felder is instructed to correct and resubmit his petition for writ of certiorari within a specified timeframe after it was returned for being incomplete.
Reasoning: Felder is instructed to correct and resubmit the petition within 60 days, without altering the substance of the original petition.