Ex Parte Reese

Full title: EX PARTE LAMONT REESE

Court: Court of Criminal Appeals of Texas

Date published: Jun 16, 2006

No. WR-55,443-03 (Tex. Crim. App. Jun. 16, 2006)

Opinion

No. WR-55,443-03

June 16, 2006. DO NOT PUBLISH.

On Application for Writ of Habeas Corpus, Motion for Stay, of Execution, and Motion for Issuance of Original Writs of, Prohibition and Injunction from Cause No. C-371-007733-0724058-B, in the 371^st Judicial District Court, Tarrant County.

PRICE, J., dissents to the denial of the stay of execution for reasons given in his dissenting statement in Ex parte O'BRIEN, No. 51,264-03, (Tex.Crim.App., decided May 17, 2006). WOMACK, J., not participating. HOLCOMB, J., would grant stay and remand for consideration of applicant's lethal injection claims.

ORDER

PER CURIAM.

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, a motion for stay of execution, and a motion for the issuance of original writs of prohibition and injunction. On November 30, 2000, a jury found applicant guilty 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. Reese v. State, No. 73,989 (Tex.Crim.App. Nov. 6, 2002) (not designated for publication). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on July 16, 2002. This Court denied applicant relief. Ex parte Reese, Nos. WR-55,443-01 and WR-55,443-02 (Tex Crim. App. April 30, 2003) (not designated for publication). In the same order, this Court dismissed a subsequent application applicant filed in the convicting court on January 31, 2003. Applicant's second subsequent application was received in this Court on June 16, 2006. We have reviewed applicant's second subsequent application and find that it should be dismissed. Art. 11.071, § 5(a). Applicant's motion for stay of execution and his motion for the issuance of original writs of prohibition and injunction are denied. IT IS SO ORDERED.