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Ex Parte Sells

Court of Criminal Appeals of Texas
Dec 15, 2010
No. WR-62,552-03 (Tex. Crim. App. Dec. 15, 2010)

Opinion

No. WR-62,552-03

Delivered: December 15, 2010. DO NOT PUBLISH.

On Application for Writ of Habeas Corpus in Cause no. 8759-C in the 63rd Judicial District Court Val Verde County.


ORDER


This is a subsequent application for a writ of habeas corpus filed pursuant Texas Code of Criminal Procedure, Article 11.071, Section 5. In September 2000, a 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 punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Sells v. State, 121 S.W.3d 748 (Tex. Crim. App. 2003). On January 30, 2003, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Sells, No. WR-62,552-01 (Tex. Crim. App. August 31, 2005). On August 17, 2006, applicant filed his first subsequent application for a writ of habeas corpus. We dismissed the application as subsequent. Ex parte Sells, No. WR-62,552-02 (Tex. Crim. App. 2007). We have reviewed the application and find that the allegations do not satisfy the requirements of Article 11.071, Section 5. Therefore, we dismiss this application as an abuse of the writ. IT IS SO ORDERED THIS THE 15TH DAY OF DECEMBER, 2010.


Summaries of

Ex Parte Sells

Court of Criminal Appeals of Texas
Dec 15, 2010
No. WR-62,552-03 (Tex. Crim. App. Dec. 15, 2010)
Case details for

Ex Parte Sells

Case Details

Full title:EX PARTE TOMMY LYNN SELLS

Court:Court of Criminal Appeals of Texas

Date published: Dec 15, 2010

Citations

No. WR-62,552-03 (Tex. Crim. App. Dec. 15, 2010)

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Ex parte Sells

Applicant filed his first subsequent writ application in the trial court on August 17, 2006, and this Court…