Butler, Steven Anthony

• Court: Court of Criminal Appeals of Texas
• Decided: September 15, 2004
• Docket: WR-41,121-02
• Status: Published

Opinion

CAMACHO, Genaro Ruiz, Jr.

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 41,121-02 EX PARTE STEVEN ANTHONY BUTLER

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM HARRIS COUNTY

Price and Johnson, JJ., would remand on Claim A also.

Per Curiam.

O R D E R

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc.

On November 7, 1988, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to 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. Butler v. State, 872 S.W.2d 227 (Tex. Crim. App. 1994). Applicant's initial post conviction writ of habeas corpus was received in this Court on March 31, 1999, and relief was denied by written order dated April 28, 1999.

Applicant presents ten allegations in his application in which he challenges the validity of his conviction and resulting sentence. We have reviewed the application and find that applicant's second allegation, presenting a claim under Atkins v. Virginia, 536 U.S. 304 (2002), satisfies the requirements of Article 11.071 § 5(a), Tex. Code Crim. Proc. The remaining allegations do not satisfy an exception and are dismissed as an abuse of the writ. Accordingly, the cause is remanded to the trial court for consideration of applicant's second allegation.

IT IS SO ORDERED THIS TH 15^TH DAY OF SEPTEMBER, 2004.

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