Ex Parte Clark

Full title: EX PARTE JAMES LEE CLARK

Court: Court of Criminal Appeals of Texas

Date published: Apr 11, 2007

No. WR-37,288-04 (Tex. Crim. App. Apr. 11, 2007)

Opinion

No. WR-37,288-04

April 11, 2007. DO NOT PUBLISH

On Motion for Leave to File and Petition for Writ of Mandamus In Cause No. F-93-0713-C From the 211^th District Court of Denton County.

OPINION

PER CURIAM.

This is a Motion for Leave to File and Petition for Writ of Mandamus filed pursuant to Texas Rule of Appellate Procedure 72. 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

CLARK-2

November 16, 2002. We determined that one claim satisfied the requirements of Article 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). On April 2, 2007, petitioner filed a second subsequent application for writ of habeas corpus. Because it failed to meet the requirements of Article 11.071, Section 5, the application was dismissed as an abuse of the writ. Ex parte Clark, WR-37,288-03 (Tex.Crim.App. April 3, 2007). We have reviewed the motion and petition, and we deny leave to file.