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Ex Parte Kennedy

Court of Criminal Appeals of Texas
Oct 6, 2010
No. WR-18,555-66 (Tex. Crim. App. Oct. 6, 2010)

Opinion

No. WR-18,555-66

Filed: October 6, 2010. DO NOT PUBLISH.

On Application for A Writ of Habeas Corpus Cause No. 18349, appeal from the Third District Court, Anderson County.


ORDER


Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a habitation and sentenced to five years' imprisonment. In his present application, Applicant raises five grounds challenging his conviction. This application, however, presents a more serious question. This Court's records reflect that Applicant has filed six previous applications that were dismissed under Article 11.07, § 4 of the Code of Criminal Procedure. It is obvious from the record that Applicant continues to raise issues that have been presented and rejected in previous applications or that should have been presented in previous applications. The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 373 U.S. 1 (1963); Ex parte Carr, 511 S.W.2d 523 (Tex. Crim. App. 1974). Because of his repetitive claims, we hold that Applicant's claims are barred from review under Article 11.07, § 4, and are waived and abandoned by his abuse of the writ. This application is dismissed. Therefore, we instruct the Honorable Louise Pearson, Clerk of the Court of Criminal Appeals, not to accept or file the instant application for a writ of habeas corpus, or any future application attacking this conviction unless Applicant is able to show in such an application that any claims presented have not been raised previously and that they could not have been presented in a previous application for a writ of habeas corpus. Ex parte Bilton, 602 S.W.2d 534 (Tex. Crim. App. 1980). A copy of this order shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.


Summaries of

Ex Parte Kennedy

Court of Criminal Appeals of Texas
Oct 6, 2010
No. WR-18,555-66 (Tex. Crim. App. Oct. 6, 2010)
Case details for

Ex Parte Kennedy

Case Details

Full title:EX PARTE MICHAEL ALLEN KENNEDY, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Oct 6, 2010

Citations

No. WR-18,555-66 (Tex. Crim. App. Oct. 6, 2010)

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