Green, III, Edward

• Court: Court of Criminal Appeals of Texas
• Decided: October 4, 2004
• Docket: WR-48,502-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 48,502-02 EX PARTE EDWARD GREEN, III, aka PEANUT

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM HARRIS COUNTY

Per Curiam. Price, J., would stay the execution.

O R D E R

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 August 1993, a Harris County 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. Green v. State, 912 S.W.2d 189 (Tex. Crim. App. 1995). On April 23, 1997, applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court. This Court subsequently denied applicant relief. Ex parte Green, No. 48,502-01 (Tex. Crim. App. Mar. 28, 2001)(not designated for publication). Applicant's subsequent writ was received in this Court on October 1, 2004.

Applicant presents a single allegation. We have reviewed the application and find the allegation fails to satisfy the requirements of Article 11.071, § 5(a). Accordingly, it is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c).

IT IS SO ORDERED THIS THE 4^TH DAY OF OCTOBER, 2004.

Do Not Publish