Opinion
NO. WR-70,513-03
07-16-2018
EX PARTE CHRISTOPHER ANTHONY YOUNG, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION IN CAUSE NO. 2005-CR-1183 IN THE 187TH JUDICIAL DISTRICT COURT BEXAR COUNTY Per curiam. HERVEY and YEARY, JJ., not participating. ORDER
We have before us a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5 and a motion to stay applicant's execution.
Unless otherwise indicated, all future references to Articles are to the Texas Code of Criminal Procedure. --------
In February 2006, a jury found applicant guilty of the 2004 capital murder of Hasmukh Patel. 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. Young v. State, 283 S.W.3d 854 (Tex. Crim. App. 2009).
In his initial application for a writ of habeas corpus, among other claims, applicant alleged that: his trial counsel were ineffective at the guilt and punishment phases of trial; the trial judge failed to give adequate jury instructions; and the death penalty scheme is unconstitutional. This Court denied relief on the claims. Ex parte Young, No. WR-70,513-01 (Tex. Crim. App. June 5, 2013)(not designated for publication).
On July 2, 2018, applicant filed in the trial court a subsequent application for a writ of habeas corpus. In the application, applicant raised a single claim in which he asserted that "[p]eremptory challenges based on an individual's religious affiliation, and not [the individual's] personal religious belief or activity, violate the Fourteenth Amendment's Equal Protection Clause." We held that applicant failed to meet the requirements of Article 11.071 § 5 and dismissed his application as an abuse of the writ without reviewing the merits of the claim raised. Ex parte Young, No. WR-70,513-02 (Tex. Crim. App. July 10, 2018)(not designated for publication).
On July 16, 2018, applicant filed in the trial court a second subsequent application for a writ of habeas corpus, and he filed a motion in this Court to stay his execution. In his application, applicant raises a single claim in which he asserts that the "Texas Board of Pardons and Paroles' July 13th, 2018 decision not to recommend [applicant's] death sentence be commuted was a violation of the Equal Protection Clause of the Fourteenth Amendment." Applicant asserts that the legal basis for his claim only became available after the Board issued its ruling on July 13, 2018.
Applicant has failed to meet the requirements of Article 11.071 § 5. Accordingly, we dismiss his application as an abuse of the writ without reviewing the merits of the claim raised. Art. 11.071 § 5(c). Applicant's motion to stay his execution is denied.
IT IS SO ORDERED THIS THE 16th DAY OF JULY, 2018. Do not publish