Opinion
NO. WR-67,027-02
03-21-2014
EX PARTE ANTHONY DEWAYNE DOYLE
ON APPLICATION FOR WRIT OF HABEAS CORPUS
AND MOTION TO STAY HIS EXECUTION
IN CAUSE NO. W03-45484-I(B) IN THE CRIMINAL DISTRICT COURT #2
DALLAS 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 applicant's execution.
Unless otherwise indicated, all references to Articles are to the Texas Code of Criminal Procedure.
In May 2004, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Doyle v. State, No. AP-74,960 (Tex. Crim. App. May 10, 2006)(not designated for publication).
Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on November 7, 2005. This Court denied relief. Ex parte Doyle, No. WR-67,027-01 (Tex. Crim. App. Jan. 23, 2008)(not designated for publication). Applicant filed this his first subsequent application for a writ of habeas corpus in the trial court on March 17, 2014.
In his subsequent writ application, applicant asserts that his death sentence cannot stand because the State unknowingly presented false evidence at trial which violated his right to due process. We have reviewed applicant's claim and find that it fails to meet the dictates of Article 11.071 § 5. Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claim, and we deny applicant's motion to stay his execution.
IT IS SO ORDERED THIS THE 21st DAY OF MARCH, 2014. Do Not Publish