Harrison, Christopher Wayne

CourtCourt of Criminal Appeals of Texas
DecidedApril 25, 2012
DocketWR-40,255-10
StatusPublished

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Harrison, Christopher Wayne, (Tex. 2012).

Opinion



IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. WR-40,255-10
EX PARTE CHRISTOPHER WAYNE HARRISON, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 678421 IN THE 208TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R



Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to life imprisonment.

In his present application, Applicant claims trial counsel rendered ineffective assistance. This application, however, presents a more serious question. This Court's records reflect that Applicant has filed six prior applications challenging this conviction. It is obvious from the record that Applicant continues to raise issues that have been presented and rejected in previous applications or that should have been presented in previous applications. The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 373 U.S. 1 (1963); Ex parte Carr, 511 S.W.2d 523 (Tex. Crim. App. 1974). Because of his repetitive claims, we hold that Applicant's claims are barred from review under Article 11.07, § 4, and are waived and abandoned by his abuse of the writ. This application is dismissed.

Therefore, we instruct the Honorable Louise Pearson, Clerk of the Court of Criminal Appeals, not to accept or file the instant application for a writ of habeas corpus, or any future application pertaining to this conviction unless Applicant is able to show in such an application that any claims presented have not been raised previously and that they could not have been presented in a previous application for a writ of habeas corpus. Ex parte Bilton, 602 S.W.2d 534 (Tex. Crim. App. 1980).

A copy of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.



Filed: April 25, 2012

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Related

Sanders v. United States
373 U.S. 1 (Supreme Court, 1963)
Ex Parte Bilton
602 S.W.2d 534 (Court of Criminal Appeals of Texas, 1980)
Ex Parte Carr
511 S.W.2d 523 (Court of Criminal Appeals of Texas, 1974)
Ex Parte Young
418 S.W.2d 824 (Court of Criminal Appeals of Texas, 1967)

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Harrison, Christopher Wayne, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-christopher-wayne-texcrimapp-2012.