Holberg, Brittany Marlowe Aka

• Court: Court of Criminal Appeals of Texas
• Decided: January 16, 2008
• Docket: WR-68,994-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-68,994-01 EX PARTE BRITTANY MARLOWE HOLBERG

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS

FROM CAUSE NO. W-11492-C IN THE 251^ST DISTRICT COURT

RANDALL COUNTY

Per Curiam.

O R D E R

The record in this case came to this Court as a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.

In March 1998, a jury found applicant guilty 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 applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Holberg v. State, 38 S.W.3d 137 (Tex. Crim. App. 2000). On July 19, 2000, applicant filed her initial post-conviction application for writ of habeas corpus in the convicting court where it remains pending. After the convicting court granted a substitution of counsel in October 2006, new counsel, well after the time for filing an initial application, filed a document in the trial court entitled "Reply in Support of Application for Writ of Habeas Corpus" as well as several exhibits and other papers in support of claims raised in applicant's initial application. The trial court declared the document and supporting papers a subsequent application and forwarded it to this Court for review under Article 11.071 § 5.

However, the documents address and provide further evidentiary and legal support for seven of the thirty-five claims raised in applicant's initial application. The "reply" brief and other supporting documents do not assert additional claims, nor do they expand upon a claim already raised. Therefore, the argument, authorities, and evidence raised in these documents should be considered, to the extent the trial court believes them appropriate, in conjunction with the claims already before the trial court in the initial application filed on July 19, 2000. Further, the convicting court should resolve the issues raised in that application as expeditiously as possible pursuant to the dictates of Texas Code of Criminal Procedure Article 11.071.

IT IS SO ORDERED THIS THE 16^TH DAY OF JANUARY, 2008.

Do Not Publish