Opinion
NO. WR-45,500-02
08-19-2016
EX PARTE JEFFERY LEE WOOD, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS IN CAUSE NO. A96-17 IN THE 216 DISTRICT COURT KERR COUNTY Per curiam. ALCALA, J., filed a concurring opinion. KELLER, P.J., and MEYERS, J., dissent. ORDER
This is a post-conviction application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.
In March 1998, 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. Wood v. State, 18 S.W.3d 642 (Tex. Crim. App. 2000). On March 27, 2000, applicant filed in the convicting court his initial post-conviction application for a writ of habeas corpus. After reviewing the case, this Court denied applicant relief. Ex parte Wood, No. WR-45,500-01 (Tex. Crim. App. May 9, 2001)(not designated for publication). Applicant filed this, his first subsequent writ application, in the trial court on August 2, 2016.
In this subsequent application, applicant raises eight claims, including claims that his sentence was obtained in violation of due process because it was based on false testimony and false scientific evidence. After reviewing applicant's subsequent application, we find that his third and fourth allegations satisfy the requirements of Article 11.071 § 5. Accordingly, we remand those two claims to the trial court for resolution. Applicant's motion to stay his execution is granted pending resolution of this application.
IT IS SO ORDERED THIS THE 19 DAY OF AUGUST, 2016. Do Not Publish