Opinion
No. WR-27,818-05
Delivered: August 28, 2007. Do Not Publish.
On Application for Writ of Habeas Corpus, In Cause No. 21,932-B from the 124th District Court of Gregg County.
PER CURIAM. KEASLER, 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 asserts he is actually innocent of the capital murder for which he was convicted and sentenced to death. Applicant was convicted of capital murder on October 17, 1995. We affirmed the conviction and sentence on direct appeal. Mosley v. State, 983 S.W.2d 249 (Tex.Crim.App. 1998). On October 9, 1997, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. While that application was pending in the convicting court he filed an untimely supplement on December 14, 1998. We denied relief on his initial application and dismissed the untimely supplement as an abuse of the writ. Ex parte Mosley WR-27,818-02 27,818-03 (Tex.Crim.App. June 30, 1999). On August 20, 2007, applicant filed a second subsequent application, we again dismissed as an abuse of the writ. Ex parte Mosley, WR-27,818-04 (Tex.Crim.App. August 21, 2007). At trial, on appeal, in his initial application and in his subsequent application for writ of habeas corpus, applicant raised the issue of his actual innocence; the claim was rejected each time. Applicant again raises the same issue, that he did not shoot any of the four victims who died or the fifth victim who survived. We have reviewed this application and find that it does not meet the requirements for consideration of subsequent claims under Article 11.071, Section 5(a). This application is dismissed as an abuse of the writ; the motion for stay of execution is denied. IT IS SO ORDERED THIS THE 28TH DAY OF AUGUST, 2007.