Opinion
NO. WR-49,657-02
12-10-2014
EX PARTE FARION EDWARD WARD RIP
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 35606 IN THE 30TH DISTRICT COURT WICHITA COUNTY
. ALCALA, J., filed a concurring statement in which JOHNSON, J., joins. PRICE, J., dissents.
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.
Unless otherwise indicated, all references to Articles are to the Texas Code of Criminal Procedure.
In 1999, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted under Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Wardrip v. State, 56 S.W.3d 588 (Tex. Crim. App. 2001). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court in 2000, and this Court denied relief in 2001. Applicant then filed an application for a writ of habeas corpus in federal district court. Wardrip v. Thaler, 705 F. Supp. 2d 593, (N.D. Tex. 2010) vacated 428 F. App'x 352 (5th Cir. 2011). The federal district court stayed the proceedings to give applicant an opportunity to exhaust claims in state court. Wardrip v. Stephens, No. 7:01-CV-247-G-BF (N.D. Tex.-Wichita Falls Div., March 7, 2014). Applicant then filed this subsequent application for writ of habeas corpus in the convicting court on July 10, 2014. The convicting court forwarded this application to this Court, where it was received on July 25, 2014. Art. 11.071, § 5(b)(1).
We have reviewed this subsequent application and find that the allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims. Art. 11.071, § 5(c).
IT IS SO ORDERED THIS THE 10th DAY OF DECEMBER, 2014. Do Not Publish