Hays, John Michael

• Court: Court of Criminal Appeals of Texas
• Decided: November 3, 2021
• Docket: WR-93,098-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,098-01

EX PARTE JOHN MICHAEL HAYS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 11937-A IN THE 118TH DISTRICT COURT FROM HOWARD COUNTY

Per curiam.

ORDER

Applicant was convicted of murder and sentenced to ninety-nine years’ imprisonment. The

Eleventh Court of Appeals affirmed his conviction. Hays v. State, No. 11-07-00328-CR (Tex.

App.—Eastland, Sept. 18, 2008) (not designated for publication). Applicant filed this application

for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this

Court. See TEX . CODE CRIM . PROC. art. 11.07.

In his application, Applicant raises seven grounds challenging the validity of his conviction

and sentence. The trial court recommends that this Court deny relief on grounds one through three

and grant relief in the form of a new punishment hearing on ground four. It did not reach grounds

five through seven. We agree with the trial court’s findings on denying relief on grounds one 2

through three. However, we disagree with the trial court’s findings that Applicant suffered harm

from the jury charge error. Having reviewed all of Applicant’s grounds, reviewed the trial court’s

findings, and conducted our independent review of the record, we deny relief on all grounds.

Filed: November 3, 2021 Do not publish