Opinion
NO. WR-48,403-03
01-15-2020
EX PARTE EDWARD BEALL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W97-18249-U(C) IN THE 291ST DISTRICT COURT FROM DALLAS COUNTY Per curiam. YEARY, J., dissents. ORDER
Applicant was convicted of aggravated sexual assault and sentenced to ten years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Beall v. State, No. 05-98-01086-CR (Tex. App.—Dallas Jul. 21, 1999) (not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant's first writ application challenged the conviction and was denied without written order on the trial court's findings without a hearing in February 2001. His second writ application was dismissed as non-compliant. The amended 11.07 application before the Court raises three grounds. Applicant's cruel and unusual punishment ground and his prosecutorial misconduct ground are dismissed. TEX. CODE CRIM. PROC. art. 11.07 § 4(a). Based on the Court's review of the entire record, including the live hearing from the prior habeas corpus proceedings in this case, Applicant's actual innocence claim is denied. Filed: January 15, 2020 Do not publish
Ex parte Beall, No. WR-48,403-02 (Tex. Crim. App. Mar. 27, 2019) (dismissed as non-compliant).