Freeney, Ray McArthur

• Court: Court of Criminal Appeals of Texas
• Decided: January 29, 2014
• Docket: WR-78,109-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-78,109-01 EX PARTE RAY MCARTHUR FREENEY

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 909843 IN THE 337^TH JUDICIAL DISTRICT COURT

HARRIS 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 Texas Code of Criminal Procedure article 11.071.

On August 29, 2003, a jury convicted applicant 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 applicant's conviction and sentence on direct appeal. Freeney v. State, No. AP-74,776 (Tex. Crim. App. April 27, 2005)(not designated for publication).

On March 20, 2013, we remanded the application to the trial court for further proceedings regarding applicant's first allegation, in which applicant asserts that trial counsel was ineffective for failing to conduct an adequate mitigation investigation. See Wiggins v. Smith, 539 U.S. 510 (2003). In accordance with our remand order, the trial court conducted additional fact-finding proceedings and entered supplemental findings of fact and conclusions of law. The trial court recommended that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial judge's recommendation and adopt the trial judge's supplemental findings and conclusions. Based upon the trial court's findings and conclusions and our own review of the record, relief is denied.

IT IS SO ORDERED THIS THE 29^TH DAY OF JANUARY, 2014.

Do not publish