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Ex parte Duran

Court of Criminal Appeals of Texas
Jun 19, 2024
WR-75,074-09 (Tex. Crim. App. Jun. 19, 2024)

Opinion

WR-75,074-09

06-19-2024

EX PARTE JOSE DURAN, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR 37 862-I IN THE 238TH DISTRICT COURT FROM MIDLAND COUNTY

ORDER

PER CURIAM.

Applicant was convicted of aggravated assault and sentenced to sixty years' imprisonment. The Eleventh Court of Appeals affirmed his conviction. Duran v. State, No. 11-11-00220-CR (Tex. App.-Eastland July 18, 2013)(not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.

We have previously dismissed five subsequent applications in this cause. See Tex. Code Crim. Proc. art. 11.07, § 4. It is obvious from the record that Applicant continues to raise grounds that were previously rejected on the merits or that should have been raised in previous applications.

We hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003); Tex. Gov't Code § 498.0045(a-1). Should Applicant file future habeas applications in this cause, we will not consider the merits of his applications unless he shows that the factual or legal basis of his grounds was unavailable in a previously filed application. This application is dismissed.

Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.


Summaries of

Ex parte Duran

Court of Criminal Appeals of Texas
Jun 19, 2024
WR-75,074-09 (Tex. Crim. App. Jun. 19, 2024)
Case details for

Ex parte Duran

Case Details

Full title:EX PARTE JOSE DURAN, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Jun 19, 2024

Citations

WR-75,074-09 (Tex. Crim. App. Jun. 19, 2024)