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Ex parte Cruz-Garcia

Court of Criminal Appeals of Texas
Oct 6, 2021
No. WR-85 (Tex. Crim. App. Oct. 6, 2021)

Opinion

WR-85 051-05

10-06-2021

EX PARTE OBEL CRUZ-GARCIA, Applicant


Do Not Publish

ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 1384794 IN THE 337TH JUDICIAL DISTRICT COURT HARRIS COUNTY

ORDER

PER CURIAM.

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.

In June 2013, Applicant was convicted of the offense of capital murder for kidnapping and killing a six-year-old boy in 1992. The jury answered the special issues submitted pursuant to 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. Cruz-Garcia v. State, No. AP-77, 025 (Tex. Crim. App. October 28, 2015)(not designated for publication).

In August 2015, Applicant filed his initial post-conviction application for a writ of habeas corpus in the trial court. This Court denied relief on the claims raised in his initial writ application. Ex parte Cruz-Garcia, No. WR-85, 051-02 (Tex. Crim. App. November 1, 2017)(not designated for publication). Applicant filed his first subsequent writ application in May 2016. This Court dismissed the first subsequent writ application as an abuse of the writ without considering the merits of the claims. Ex parte Cruz-Garcia, No. WR-85, 051-03 (Tex. Crim. App. November 1, 2017)(not designated for publication). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on April 16, 2021.

Prior to his initial post-conviction application for a writ of habeas corpus, we received Applicant's motion for leave to file an original writ of mandamus, No. WR-85, 051-01, which we denied in July 2016.

Applicant's second subsequent writ application is labeled No. WR-85, 051-05 because there is no writ application labeled No. WR-85, 051-04.

Applicant presents twelve allegations in the instant application. In Claims One and Two, he complains of false testimony from numerous witnesses. In Claim Three, he asserts that the State presented inaccurate and unreliable DNA evidence. He alleges in Claim Four that the State withheld exculpatory evidence. He argues in Claim Five that the Texas death penalty statute violates "the Sixth Amendment's jury unanimity requirement announced in Ramos v. Louisiana." 140 S.Ct. 1390 (2020). In Claim Six, he alleges that he received ineffective assistance of trial counsel. In Claim Seven, he contends that he was denied his right to confront witnesses. In Claim Eight, he complains that the trial judge held "critical proceedings" in his absence. He further complains in Claim Nine that the judge who presided over his trial and initial habeas proceedings had a conflict of interest. In Claim Ten, he asserts that his constitutional rights were violated when the testimony of various witnesses was "translated incorrectly." In Claim Eleven, he complains that prosecutors made "numerous inappropriate and inflammatory comments throughout trial." Finally, he asserts in Claim Twelve that "repeated emotional outbursts from the gallery rendered [his] conviction and death sentence fundamentally unfair."

We have reviewed the application and find that Applicant has failed to satisfy the requirements of Article 11.071, § 5(a). Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims.

IT IS SO ORDERED.


Summaries of

Ex parte Cruz-Garcia

Court of Criminal Appeals of Texas
Oct 6, 2021
No. WR-85 (Tex. Crim. App. Oct. 6, 2021)
Case details for

Ex parte Cruz-Garcia

Case Details

Full title:EX PARTE OBEL CRUZ-GARCIA, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Oct 6, 2021

Citations

No. WR-85 (Tex. Crim. App. Oct. 6, 2021)

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