Opinion
WR-63,549-04
05-15-2024
EX PARTE PATRICK HENRY MURPHY, JR., Applicant
Do Not Publish
On Application for writ of Habeas Corpus in Cause No. W01-00328-T(C) in the 283rd Judicial District Court Dallas County
ORDER
PER CURIAM.
This is a subsequent post-conviction application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, Section 5. See Tex. Code Crim. Proc. art. 11.071, § 5.
In November 2003, a jury found Applicant guilty of capital murder for the December 2000 fatal shooting of Irving police officer Aubrey Hawkins. See Tex. Penal Code § 19.03(a)(1). Based on the jury's answers to the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, the trial court sentenced Applicant to death. See Tex. Code Crim. Proc. art. 37.071, § 2(g). This Court affirmed Applicant's conviction and death sentence on direct appeal. See Murphy v. State, No. AP-74,851 (Tex. Crim. App. April 26, 2006) (not designated for publication).
In September 2005, Applicant filed his initial application for a writ of habeas corpus in the convicting court. See Tex. Code Crim. Proc. art. 37.071, § 4. He raised eight claims, including evidentiary sufficiency claims and claims that the application of Texas Penal Code Section 7.02(b) in his case was unconstitutional. After reviewing the merits of the claims, this Court denied relief. See Ex parte Murphy, No. WR-63,549-01 (Tex. Crim. App. July 1, 2009) (not designated for publication).
In October 2019, Applicant filed a subsequent writ application in the convicting court. He raised two claims: (1) he is not eligible for a death sentence because he was convicted as a party to the offense that resulted in the officer's death, and (2) his trial judge was biased. We dismissed that application as an abuse of the writ. See Ex parte Murphy, No. WR-63,549-03 (Tex. Crim. App. Oct. 30, 2019) (not designated for publication).
On June 9, 2023, Applicant filed this second subsequent application for writ of habeas corpus (our-04) in the convicting court. He raises a single claim, again asserting that he is entitled to habeas relief because his trial judge was biased.
We have reviewed the application and find that the allegation does not satisfy the requirements of Article 11.071, Section 5. See Tex. Code Crim. Proc. art. 37.071, § 5(a). Accordingly, we dismiss the application as an abuse of the writ without reviewing the merits of the claim raised. See id. art. 37.071, § 5(c).
IT IS SO ORDERED.