Opinion
NO. WR-57,299-02
05-12-2021
EX PARTE QUINTIN PHILLIPPE JONES, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION TO STAY THE EXECUTION FROM CAUSE NO. C-1-W011962-0744493-B IN CRIMINAL DISTRICT COURT NO. 1 TARRANT COUNTY
Per curiam. ORDER
We have before us a subsequent 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.
All references to "Articles" in this order refer to the Texas Code of Criminal Procedure unless otherwise specified. --------
In February 2001, a jury convicted Applicant of the September 1999 intentional killing of his elderly great aunt committed in the course of robbing or attempting to rob her. See TEX. PENAL CODE § 19.03(a). Based on the jury's answers to the special issues submitted pursuant to Article 37.071, the trial court sentenced Applicant to death. Art. 37.071 § 2(g). This Court affirmed Applicant's conviction and sentence on direct appeal. Jones v. State, 119 S.W.3d 766 (Tex. Crim. App. 2003). We also denied relief on Applicant's initial writ of habeas corpus application. Ex parte Jones, No. WR-57,299-01 (Tex. Crim. App. Sept. 14, 2005) (not designated for publication).
On May 6, 2021, Applicant filed in the trial court the instant writ application in which he raises three claims. In his first two claims, Applicant asserts that his death sentence was obtained in violation of the Fourteenth Amendment's due process clause because it was based on false and misleading scientific evidence. In his third claim, Applicant asserts that he may be intellectually disabled and, therefore, cannot constitutionally be executed.
We have reviewed the application and find that Applicant has failed to make a prima facie showing on any of his allegations. Therefore, the allegations do not 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 claim raised. Art. 11.071 § 5(c). We deny Applicant's motion to stay his execution.
IT IS SO ORDERED THIS THE 12th DAY OF MAY, 2021. Do Not Publish