Blue, Carl Henry

• Court: Court of Criminal Appeals of Texas
• Decided: November 10, 2004
• Docket: WR-39,705-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-39,705-02 EX PARTE CARL HENRY BLUE

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM BRAZOS COUNTY

Per curiam.

O R D E R

This is an application for writ of habeas corpus filed pursuant to Article 11.071 of the Texas Code of Criminal Procedure.

In April of 1995, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.0711 of the Texas Code of Criminal Procedure, and the trial court set punishment at death. Applicant's conviction was affirmed on direct appeal. Blue v. State, No. 72,106 (Tex. Crim. App. - delivered December 4, 1996). Applicant filed an application for writ of habeas corpus in this Court which was denied with written order on January 13, 1999. Applicant then filed an application for writ of habeas corpus in federal court. In December of 2000, The United States District Court for the Southern District of Texas granted the application and ordered a new punishment hearing. In August of 2001, Applicant's new punishment hearing began and on October 10, 2001, Applicant was again sentenced to death.

Applicant presents ten allegations in which he challenges the validity of his conviction and resulting sentence. The trial court entered findings of fact and conclusions of law and recommended that relief be denied.

This Court has reviewed the record and adopts the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.

IT IS SO ORDERED THIS THE 10^TH DAY OF NOVEMBER, 2004.

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