Carpenter, David Lynn

Court of Criminal Appeals of Texas

Carpenter, David Lynn

DecidedMarch 7, 2007

DocketWR-49,656-03

StatusPublished

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Carpenter, David Lynn, (Tex. 2007).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-49,656-03 EX PARTE DAVID LYNN CARPENTER

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. F-9777949-JU IN THE 291^ST DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, TEX. CODE CRIM. PROC.

On March 23, 1999, 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. Carpenter v. State, No. 73,442 (Tex. Crim. App. October 24, 2001). On August 20, 2000, applicant filed in the trial court an initial application for habeas corpus. This Court denied relief. Ex parte Carpenter, No. WR-49,656-01 (Tex. Crim. App. Dec. 19, 2001). In July 2003, applicant filed his first subsequent application which this Court dismissed as an abuse of the writ. Ex parte Carpenter, No. WR-49,656-02 (Tex. Crim. App. Oct. 1, 2003).

Applicant presents two allegations in his second subsequent application for writ of habeas corpus. This Court found that both allegations satisfy the requirements of Article 11.071, Section 5 of the Texas Code of Criminal Procedure, and remanded the application to the trial court for consideration of these allegations.

The habeas court, without holding an evidentiary hearing, entered findings of fact and conclusions of law recommending that relief be denied. This Court has reviewed the record with respect to the allegations made by applicant. We adopt these findings of fact and conclusions of law, except for findings 124 - 137. Based upon the habeas court's findings and conclusions and our own review, we deny relief.

IT IS SO ORDERED THIS THE 7^th DAY OF MARCH, 2007.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-49,656-03 EX PARTE DAVID LYNN CARPENTER

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. F-9777949-JU IN THE 291^ST DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, TEX. CODE CRIM. PROC.

On March 23, 1999, 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. Carpenter v. State, No. 73,442 (Tex. Crim. App. October 24, 2001). On August 20, 2000, applicant filed in the trial court an initial application for habeas corpus. This Court denied relief. Ex parte Carpenter, No. WR-49,656-01 (Tex. Crim. App. Dec. 19, 2001). In July 2003, applicant filed his first subsequent application which this Court dismissed as an abuse of the writ. Ex parte Carpenter, No. WR-49,656-02 (Tex. Crim. App. Oct. 1, 2003).

Applicant presents two allegations in his second subsequent application for writ of habeas corpus. This Court found that both allegations satisfy the requirements of Article 11.071, Section 5 of the Texas Code of Criminal Procedure, and remanded the application to the trial court for consideration of these allegations.

The habeas court, without holding an evidentiary hearing, entered findings of fact and conclusions of law recommending that relief be denied. This Court has reviewed the record with respect to the allegations made by applicant. We adopt these findings of fact and conclusions of law, except for findings 124 - 137. Based upon the habeas court's findings and conclusions and our own review, we deny relief.

IT IS SO ORDERED THIS THE 7^th DAY OF MARCH, 2007.

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