Opinion
NO. WR-73,027-02
01-24-2017
EX PARTE TERRY DARNELL EDWARDS, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS IN CAUSE NO. W02-15086-N IN THE 195 DISTRICT COURT DALLAS COUNTY Per curiam. ALCALA, J., filed a concurring opinion. ORDER
We have before us a post-conviction 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.
In November 2003, a jury convicted applicant of the offense of capital murder for murdering a person in the course of robbing her and a second victim. TEX. PENAL CODE § 19.03(a)(2). The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Edwards v. State, No. AP-74,844 (Tex. Crim. App. Mar. 1, 2006)(not designated for publication). On November 3, 2005, applicant filed in the convicting court his initial post-conviction application for a writ of habeas corpus in which he raised six claims. This Court denied applicant relief. Ex parte Edwards, No. WR-73,027-01 (Tex. Crim. App. Dec. 16, 2009)(not designated for publication).
On January 18, 2017, applicant filed in the convicting court his first subsequent application. In the subsequent application, applicant asserts that (1) his conviction was based on false, misleading, and scientifically invalid testimony; (2) this Court should revisit and overturn Ex parte Graves, 70 S.W.3d 103 (Tex. Crim. App. 2002), so that he could then present otherwise forfeited claims; and (3) the State suppressed material, exculpatory evidence that would undermine confidence in the outcome of his trial.
After reviewing applicant's writ application, we find that he has failed to satisfy the requirements of Article 11.071 § 5. Accordingly, we dismiss the application as an abuse of the writ without reviewing the merits of the claims, and we deny his motion to stay his execution. Art. 11.071 § 5(c).
IT IS SO ORDERED THIS THE 24 DAY OF JANUARY, 2017. Do Not Publish