Opinion
No. WR-50,961-03
Delivered: October 19, 2005. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus from Cause No. 8701-03 in the 21st Judicial District Court Bastrop County.
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. In May 1998, a Bastrop County jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Reed v. State, No. AP-73,135 (Tex.Crim.App. Dec. 6, 2000) (not designated for publication). On November 15, 1999, applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court. This Court subsequently denied applicant relief. Ex parte Reed, No. WR-50,961-01 (Tex.Crim.App. Feb. 13, 2002) (not designated for publication). On February 8, 2001, applicant filed a "Supplemental Claim for Relief on Application for Writ of Habeas Corpus" in the convicting court. This Court construed the filing as a subsequent application and dismissed it. Ex parte Reed, No. WR-50,961-02 (Tex.Crim.App. Feb. 13, 2002) (not designated for publication). Applicant's second subsequent writ was received in this Court on June 15, 2005. Applicant presents seven allegations. We have reviewed the application and find that applicant's Brady allegations regarding the Barnett and Keng affidavits and the items submitted under seal satisfy the requirements of Article 11.071 § 5. Accordingly, we remand the application to the trial court for consideration of these claims. Following the receipt of live, testimonial, evidence, the trial court shall make any findings of fact and conclusions of law relevant and appropriate to the disposition of these claims. A supplemental transcript containing all documentary evidence and the transcription of the court reporter's notes from all hearings held, along with the trial court's findings of fact and conclusions of law, shall thereafter be returned to this Court. The remainder of applicant's allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, all other claims are dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c).