Ex Parte Panetti

326 S.W.3d 615, 2010 Tex. Crim. App. LEXIS 1677, 2010 WL 5129088

Opinions

ORDER

PER CURIAM.

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.

Applicant was convicted September 1995 of the offense of capital murder. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant’s conviction and sentence on direct appeal. Panetti v. State, No. 72,230 (Tex.Crim.App. Dec. 3, 1997) (not designated for publication). This Court denied Applicant’s initial post-conviction application for writ of habeas corpus. Ex parte Panetti, No. WR-37,145-01 (Tex. Crim App. May 28, 1998) (not designated for publication). This Court dismissed Applicant’s first subsequent application for writ of habeas corpus. Ex parte Panetti, No. WR-37,145-02, 2009 WL 3368707 (Tex.Crim.App. Oct. 21, 2009) (not designated for publication). Applicant’s instant post-conviction application for writ of habeas corpus was received in this Court on October 20, 2010. Applicant presents two allegations.

Applicant’s claims fail to meet the dictates of Article 11.071, § 5. Accordingly, we dismiss his application.

IT IS SO ORDERED.

JOHNSON and HOLCOMB, JJ., would grant.

HOLCOMB, J., wrote a dissenting statement which JOHNSON, J., joined.