Opinion
NO. WR-81,579-02 NO. WR-81,579-03
01-29-2020
EX PARTE MABRY J. LANDOR, III
ON APPLICATION FOR WRITS OF HABEAS CORPUS CAUSE NOS. 1194597-B AND 1194597-C IN THE 209TH DISTRICT COURT HARRIS COUNTY Per curiam. ORDER
These are post-conviction applications for writs of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.
In April 2010, a jury convicted applicant of the offense of capital murder for the killing of Houston Police Officer Timothy Abernethy. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Landor v. State, No. AP-76,328 (Tex. Crim. App. June 29, 2011) (not designated for publication). Applicant filed his initial application for a writ of habeas corpus in the convicting court on April 8, 2011. This Court denied relief. Ex parte Landor, No. WR-81,579-01 (Tex. Crim. App. Nov. 2, 2016)(not designated for publication). Applicant's second post-conviction application for writ of habeas corpus was filed in the trial court on September 4, 2018, and received in this Court on October 22, 2018.
Applicant presents seven allegations in his first subsequent application. We have reviewed the application and supporting documents and find that one allegation satisfies the requirements for consideration of a subsequent application under Texas Code of Criminal Procedure Article 11.071 § 5. Claim number one, that the State withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), is remanded to the trial court for consideration. We find that Applicant's other claims do not meet the dictates of Article 11.071 § 5, and the trial court shall not consider them.
Applicant's March 29, 2019 filing is a new subsequent application that must be reviewed under Article 11.071, § 5(a). After reviewing this document, we find that it does not meet the dictates of Article 11.071 § 5, and we dismiss it as an abuse of the writ without reviewing the merits of the claim raised.
IT IS SO ORDERED THIS THE 29th DAY OF JANUARY, 2020. Do Not Publish