Opinion
NO. WR-70,510-06
05-14-2018
EX PARTE JUAN EDWARD CASTILLO, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS IN CAUSE NO. 2004CR1461A-W3 IN THE 186TH JUDICIAL DISTRICT COURT BEXAR COUNTY Per curiam. YEARY, J., not participating. ORDER
We have before us 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 future references to Articles are to the Texas Code of Criminal Procedure. --------
In September 2005, a jury found applicant guilty of the 2003 capital murder of Tommy Garcia, Jr. The jury answered the special issues submitted pursuant to Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Castillo v. State, 221 S.W.3d 689 (Tex. Crim. App. 2007).
Applicant raised four allegations in his initial application for a writ of habeas corpus, including allegations that: his trial counsel rendered ineffective assistance of counsel at voir dire, prior to trial, and at trial; his appellate counsel rendered ineffective assistance; and the trial court violated his right to self-representation and committed an abuse of discretion by allowing him to represent himself during the sentencing phase of trial. This Court adopted the trial court's findings of fact and conclusions of law, found that the claim regarding self-representation was procedurally barred, and otherwise denied relief on applicant's claims. Ex parte Castillo, No. WR-70,510-01 (Tex. Crim. App. Sept. 12, 2012)(not designated for publication).
On October 30, 2017, applicant filed in the trial court his first subsequent habeas application. In the application, he raised a single claim asserting that his conviction and sentence were based on false testimony. After remanding the claim to the trial court, this Court ultimately denied relief. Ex parte Castillo, No. WR-70,510-04 (Tex. Crim. App. Feb. 7, 2018)(not designated for publication).
On May 8, 2018, applicant filed in the trial court his second subsequent habeas application. Applicant raises two claims in this application. Specifically, applicant claims that the State withheld material exculpatory evidence, and he claims that his due process rights were violated by the State's knowing presentation at trial of false or misleading testimony.
Applicant has failed to make a prima facie showing that he has met the requirements of Article 11.071 § 5. Accordingly, we dismiss this application as an abuse of the writ without reviewing the merits of the claims raised. Art. 11.071 § 5(c). Applicant's motion to stay his execution is denied.
IT IS SO ORDERED THIS THE 14th DAY OF MAY, 2018. Do not publish