Opinion
WR-16,721-11 WR-16,721-12 WR-16,721-13 WR-16,721-14
12-20-2023
EX PARTE RONALD DALE EITEL, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 364014-E; 356103-E; 364015-E; 356099-E IN THE 263RD DISTRICT COURT FROM HARRIS COUNTY
ORDER
Per curiam.
Applicant was convicted of two counts of rape and two counts of aggravated sexual abuse and sentenced to twenty years' imprisonment on the rape charges and sixty years' imprisonment on the aggravated sexual abuse charges. The First Court of Appeals affirmed his convictions. Eitel v. State, Nos. 01-82-00880-CR; 01-82-00881-CR; 01-82-00882-CR; 01-82-00883-CR (Tex. App.-Houston [1st Dist.] Nov. 23, 1983)(not designated for publication). Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends, among other things, that lab reports show him to be innocent. He has made numerous false claims within his applications and filed misleading documents with these applications. The trial court has found that Applicant has abused the writ process and should be cited for abuse of the writ.
We agree and 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 these cause numbers, we will not consider the merits of the applications unless he shows that the factual or legal basis of the grounds were unavailable in a previously filed application. These applications are 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.