Opinion
WR-54,071-04
02-08-2023
EX PARTE JOHN LEZELL BALENTINE, Applicant
Do Not Publish
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION TO STAY THE EXECUTION IN CAUSE NO. 39532-04-D-WR IN THE 320TH JUDICIAL DISTRICT COURT POTTER 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 April 1999, a jury found Applicant guilty of the offense of capital murder. See Tex. Penal Code Ann. § 19.03(a). The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure 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. Balentine v. State, 71 S.W.3d 763 (Tex. Crim. App. 2002). This Court denied relief on Applicant's initial post-conviction application for a writ of habeas corpus, dismissed his first and second subsequent applications, and denied a request to reconsider his initial application. Ex parte Balentine, No. WR-54,071-01 (Tex. Crim. App. Dec. 4, 2002) (not designated for publication); Ex parte Balentine, Nos. WR-54,071-01 and WR-54,071-02 (Tex. Crim. App. Sept. 22, 2009) (not designated for publication); Ex parte Balentine, No. WR-54,071-03 (Tex. Crim. App. June 14, 2011) (not designated for publication).
On January 31, 2023, Applicant filed in the convicting court this, his third subsequent Article 11.071 application for a writ of habeas corpus, in which he raises two claims: a claim that his death sentence was impermissibly influenced by racial bias, and a claim that he was denied a trial by an impartial jury. 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 THIS THE 8th DAY OF FEBRUARY, 2023.