Ex Parte Clark

Full title: EX PARTE JAMES LEE CLARK

Court: Court of Criminal Appeals of Texas

Date published: Apr 3, 2007

No. WR-37,288-03 (Tex. Crim. App. Apr. 3, 2007)

Opinion

No. WR-37,288-03

April 3, 2007. DO NOT PUBLISH.

on Application for Writ of Habeas Corpus in Cause No. F-93-0713-c from the 211th District Court of Denton County.

ORDER

PER CURIAM., Justice.

This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant was convicted of capital murder on May 3, 1994. On direct appeal we affirmed the conviction and sentence. Clark v. State, No. 71,911 (Tex.Crim.App. October 2, 1996). Applicant's initial application for writ of habeas corpus was filed with the trial court on October 6, 1997. After reviewing that application, we denied relief. Ex parte Clark, No. 37,288-01 (Tex.Crim.App. July 8, 1998). A subsequent application was filed on November 16, 2002. We determined that one claim satisfied the requirements of Article

CLARK-2-

11.071, Section 5 and remanded to the convicting court for resolution. The convicting court conducted hearings over several days and returned the record to this Court; after review we denied the relief sought. Ex parte Clark, WR-37,288-02 (Tex.Crim.App. March 4, 2004). We have reviewed this application and find that it does not meet the requirements of Texas Code of Criminal Procedure, Article 11.071, Section 5(a), for consideration of subsequent claims. This application is dismissed as an abuse of the writ and the motion for stay of execution is denied.