Opinion
NO. WR-68,832-02
03-10-2014
EX PARTE RAY JASPER
ON APPLICATION FOR WRIT OF HABEAS CORPUS AND
MOTION TO STAY THE EXECUTION
CAUSE NO. 1999-CR-2645A IN THE 187th DISTRICT COURT
BEXAR COUNTY
Per Curiam . HERVEY, J., not participating.
ORDER
This is a subsequent application for 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 January 2000, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted under Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Jasper v. State, 61 S.W.3d 413 (Tex. Crim. App. 2001).
Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on September 4, 2001. This Court denied relief. Ex parte Jasper, No. WR-68,832-01 (Tex. Crim. App. Aug. 20, 2008)(not designated for publication). Applicant filed this his first subsequent application for writ of habeas corpus in the trial court on March 3, 2014.
In his subsequent writ application, applicant asserts the prosecution's peremptory strike of an African American venire member was based on race in violation of the equal protection clause of the Fourteenth Amendment. 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. Applicant's motion to stay his execution is denied.
IT IS SO ORDERED THIS THE 10th DAY OF MARCH, 2014. Do Not Publish