Carty, Linda

• Court: Court of Appeals of Texas
• Decided: February 25, 2015
• Docket: WR-61,055-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-61,055-02

EX PARTE LINDA CARTY

ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 877592 IN THE 177 TH JUDICIAL DISTRICT COURT HARRIS COUNTY

Per curiam. K ELLER, P.J., filed a dissenting opinion. N EWELL, J., not participating.

ORDER

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 February 2002, Applicant was convicted of the offense of capital murder. The jury

answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article

37.071, and the trial court, accordingly, set punishment at death. This Court affirmed Carty - 2

Applicant’s conviction and sentence on direct appeal. Carty v. State, No. AP-74,295 (Tex.

Crim. App. April 7, 2004). This Court denied relief on Applicant’s initial post-conviction

application for writ of habeas corpus. Ex parte Carty, No. WR-61,055-01 (Tex. Crim. App.

March 2, 2005). Applicant’s instant post-conviction application for writ of habeas corpus

was filed in the trial court on September 10, 2014.

Applicant presents six allegations. We have reviewed the application and find that

Allegations A, B, and C satisfy the requirements of Texas Code of Criminal Procedure

Article 11.071, § 5(a). Accordingly, we find that the requirements for consideration of a

subsequent application have been met and the cause is remanded to the trial court for

consideration of Allegations A, B, and C.

IT IS SO ORDERED THIS THE 25TH DAY OF FEBRUARY, 2015.

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