Johnson, Eddie James

• Court: Court of Appeals of Texas
• Decided: March 25, 2015
• Docket: WR-15,011-03
• Status: Published

Opinion

·.., . - \'J ,01, -03 HARRIS COUNTY DISTRitT COURT NO. 263

CAUSE NO. 135S72.9-130518

EDDIE JAMES JOHNSON § IN THE JUDICIAL DISTRICT COURT

vs .: ~- ·· · ·..§ , OF.-JiMR.RIS, COUNTY, TEXAS NO. 263 . ~\$St:.V :. , . . .

~0~ THE STATE OF TEXASS

. -o~,. a~· APPLICANT'S MOTION REQUESTING PERMISSION TO

RESUBMIT HIS PRIOR 11.07 WRIT THAT WAS DEN-

lED BASED ON AN INCORRECT APPLICATIOM.

TO THE HONOABLE JUDGE OF SAID COURT COMES NOW: ·, . Eddie James Johnson, presehtly incarcerated at the Mark w. Stiles

Unit under the· care of the,Te~~.s Department of Criminal Justice, and

respe~tfully req~est that this cq~ct.allow me to,.~orrect my prior 11.07

application so that I may properly. exh~~st my r~medies. Applicarit would ' :" also have the court· to reach his applic~tion on its merits.

I. EXHAUSTION OF REMEDIES

Principle that prisoner must normally exhaust all available state

remedies be fore -·--he. __ can ..a.pp) :L..t'l£ federal habeas relief serves to mini- .-" ...... -•. .. . . ··~ ~ ':-·.. '• ... -. ~· . . -~. . . : :. . . . ·-~-"~· -;-~- . ~·;~.; . ._~=-;::~~--·:--:-~;~-. . . . -.. ~~~·-. rnize friction between federal and state systems o~ justice by allowing

state initial opportunity to pass upon and correct alleged viol.ations

of prisonec's federal rights. 28 u.s.c. § 2254(b, c). McKaskle v. Vela1

104 s.ct. 736.·<-Her:e, appellant only ask that his merits be reached

may if riecessary seek reiief on a federal level. ' . :' .: ·... : ~ ... · ~·:·: • .~~·•.. ;: ..; .• · :'t '·j,'' :.; :.7~~-"--; ...

RECEIVED IN COURT OF CRIMINAL APPEALS

MAR 25 2015

~. I PRAYER

Appellant prays that this court allows him to correct his prior

11.07 application so that his merits may be reached •

.,

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