Opinion
No. WR-50,823-03
Delivered: August 27, 2007. Do Not Publish.
On Application for Writ of Habeas Corpus, In Cause No. 96-CR-5255 from the 186th District Court of Bexar County.
PER CURIAM. HERVEY, J., not participating.
ORDER
This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant was convicted of capital murder on May 1, 1997. We affirmed the conviction and sentence on direct appeal. Foster v. State, No. 72,853 (Tex.Crim.App. June 30, 1999). On April 28, 1999, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Foster, No. WR-50,823-01 (Tex.Crim.App. March 6, 2002). On June 14, 2007, applicant filed a subsequent application for writ of habeas corpus. After review of the claims we dismissed that application as an abuse of the writ. Ex parte Foster, WR-50,823-02 (Tex.Crim.App. August 7, 2007). In this second subsequent application, applicant again argues that he is entitled to habeas relief. We have reviewed the application and it does not meet the requirements of Article 11.071, Section 5, for consideration of subsequent claims. This application is dismissed as an abuse of the writ; the motion for stay of execution is denied. IT IS SO ORDERED THIS THE 27TH DAY OF AUGUST, 2007.
Applicant has also submitted a "Suggestion" that the Court consider, on its own motion, our previous decisions in his direct appeal of June 30, 1999, and his initial habeas corpus application of March 6, 2002. We decline Applicant's invitation, and we will take no action on that pleading.