Opinion
WR-63,624-03
02-27-2024
EX PARTE IVAN ABNER CANTU, Applicant
Do Not Publish
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. W3808004701-HC3 IN THE 380TH JUDICIAL DISTRICT COURT COLLIN COUNTY
ORDER
PER CURIAM.
This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5 and a motion to stay Applicant's execution.
Unless otherwise indicated, all references to Articles in this order refer to the Code of Criminal Procedure.
In October 2001, Applicant was convicted of the offense of capital murder, for: (1) murdering his cousin, James Mosqueda, in the course of committing or attempting to commit robbery; and (2) murdering Mosqueda and Mosqueda's fiancée, Amy Kitchens, in the same criminal transaction. See Tex. Penal Code Ann. § 19.03(a)(2) & (a)(7). The jury answered the special issues submitted pursuant to Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal and denied relief on his initial post-conviction application for a writ of habeas corpus. Cantu v. State, No. AP-74,220 (Tex. Crim. App. June 30, 2004) (not designated for publication); Ex parte Cantu, No. WR-63,624-01 (Tex. Crim. App. Jan. 18, 2006). The Court also dismissed the claims raised in Applicant's first subsequent application for a writ of habeas corpus. Ex parte Cantu, No. WR-63,624-02 (Tex. Crim. App. Aug. 23, 2023). Applicant's instant post-conviction application for a writ of habeas corpus was filed in the trial court on February 20, 2024.
In his application, Applicant alleges that the State presented false and misleading testimony through witness Carlos Gonzalez (Claim 1), and that his trial counsel provided ineffective assistance of counsel for a number of reasons (Claim 2). We have reviewed the application and find that Applicant has failed to show that he satisfies the requirements of Article 11.071 § 5. Accordingly, we dismiss the application as an abuse of the writ without reviewing the merits of the claims raised. Art. 11.071 § 5(c). We deny Applicant's motion to stay his execution.
IT IS SO ORDERED.