Opinion
NO. WR-73,965-06
09-30-2020
EX PARTE SAMUEL RICHMOND WALKER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 943669-C IN THE 351 DISTRICT COURT FROM HARRIS COUNTY Per curiam. ORDER
Applicant was convicted of aggravated robbery and sentenced to forty-five years' imprisonment. The Fourteenth Court of Appeals affirmed the conviction. Walker v. State, No. 14-07-00461-CR (Tex. App.—Houston [14 Dist.] May 8, 2008) (not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant alleges that newly discovered evidence proves his innocence. After a remand, the trial court entered findings of fact and conclusions of law determining that the innocence claim is without merit and that consideration of its merits is barred as subsequent. TEX. CODE CRIM. PROC. art. 11.07 § 4. We disagree that consideration of Applicant's writ is barred as subsequent. However, we agree that Applicant has not shown that he is entitled to relief on his actual innocence claim. Based on the trial court's findings addressing the merits of the writ application and this Court's independent review of the record, we deny relief. Filed: September 30, 2020
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