Opinion
NO. WR-72,094-02
09-10-2014
EX PARTE LISA ANN COLEMAN
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION TO STAY THE EXECUTION IN CAUSE NO. 1016470R IN THE 297 CRIMINAL DISTRICT COURT TARRANT COUNTY Per curiam. ORDER
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 the execution.
In June 2006, a jury found applicant guilty of the offense of capital murder. 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. Coleman v. State, No. AP-75,478 (Tex. Crim. App. Dec. 9, 2009)(not designated for publication). Applicant filed her initial post-conviction application for a writ of habeas corpus in the convicting court on May 5, 2008. This Court denied applicant relief. Ex parte Coleman, No. WR-72,094-01 (Tex. Crim. App. Aug. 25, 2010)(not designated for publication). Applicant filed this her first subsequent application in the trial court on September 5, 2014.
In this application, applicant claims that, but for the ineffective assistance rendered by her trial counsel, no reasonable juror would have found her guilty of capital murder because there is no evidence that she kidnapped the victim. We have reviewed the application and find that the allegation does not satisfy the requirements of Article 11.071 § 5. Accordingly, the application is dismissed as an abuse of the writ. Art. 11.071 § 5(c). Applicant's motion to stay the execution is denied.
IT IS SO ORDERED THIS THE 10 DAY OF SEPTEMBER, 2014. Do Not Publish