Buck, Duane Edward

• Court: Court of Criminal Appeals of Texas
• Decided: November 20, 2013
• Docket: WR-57,004-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-57,004-03 EX PARTE DUANE EDWARD BUCK

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 699684 IN THE 208^TH DISTRICT COURT

HARRIS COUNTY

Per curiam. ALCALA, J., filed a dissenting statement in which PRICE and JOHNSON, JJ., joined.

O R D E R

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.

In May 1997, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted under Article 37.071, TEX. CODE CRIM. PROC., and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Buck v. State, No. AP-72,810 (Tex. Crim. App. April 28, 1999). This Court denied relief on Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Buck, No. WR-57,004-01 (Tex. Crim. App. October 15, 2003). This Court dismissed Applicant's second post-conviction application for writ of habeas corpus. Ex parte Buck, No. WR-57,004-02 (Tex. Crim. App. October 15, 2003). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on March 28, 2013.

Applicant presents three allegations in the instant application. We have reviewed the application and find that Applicant has failed to satisfy the requirements of Article 11.071, § 5(a). Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims.

IT IS SO ORDERED THIS THE 20^TH DAY OF NOVEMBER, 2013.

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