Opinion
NO. WR-46,226-03
12-02-2019
EX PARTE TRAVIS TREVINO RUNNELS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION IN CAUSE NO. 48950-02-D-WR IN THE 320 JUDICIAL DISTRICT COURT POTTER COUNTY Per curiam. ORDER
We have before us a post conviction application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071 and a motion for a stay of execution.
In October 2005, a jury found Applicant guilty of the January 2003 capital murder of a prison employee. The jury answered the special issues submitted pursuant to 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. Runnels v. State, No. AP- 75,318 (Tex. Crim. App. Sept. 12, 2007) (not designated for publication).
In his initial application for a writ of habeas corpus, Applicant raised eleven claims, including claims that his counsel performed deficiently and claims attacking the constitutionality of Article 37.071 and the death penalty. After reviewing the merits of the claims, this Court denied relief. Ex parte Runnels, No. WR-46,226-02 (Tex. Crim. App. March 7, 2012) (not designated for publication).
Applicant filed this his first subsequent writ application in the convicting court on September 13, 2019. Applicant raises a single claim in his application in which he asserts that the State violated his right to due process when it presented the false and misleading testimony of A.P. Merillat.
We have reviewed the application and find that the allegation does not satisfy the requirements of Article 11.071 § 5. Accordingly, we dismiss the application as an abuse of the writ without reviewing the merits of the claim raised, and we deny Applicant's motion to stay his execution. Art. 11.071 § 5(c).
IT IS SO ORDERED THIS THE 2 DAY OF DECEMBER, 2019. Do not publish