Kindred, Herman Lee AKA Poncho

• Court: Court of Criminal Appeals of Texas
• Decided: April 27, 2022
• Docket: WR-33,972-99
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-33,972-99

EX PARTE HERMAN LEE KINDRED, AKA PONCHO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. FR 30311-K IN THE 264TH DISTRICT COURT FROM BELL COUNTY

Per curiam. WALKER , J., not participating.

ORDER

Applicant pleaded guilty to burglary of a habitation and was sentenced to ten years’

community supervision. His community supervision was later revoked and he was sentenced to ten

years’ imprisonment. The Third Court of Appeals dismissed his appeal. Kindred v. State, No. 03-

85-00020-CR (Tex. App. — Austin Sept. 4, 1985) (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.

We have previously dismissed six subsequent applications in this cause. See TEX . CODE

CRIM . PROC. art. 11.07, § 4. It is obvious from the record that Applicant continues to raise grounds 2

that were previously rejected on the merits or that should have been raised in previous applications.

We hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex parte Jones, 97

S.W.3d 586 (Tex. Crim. App. 2003); TEX . GOV ’T CODE § 498.0045(a-1). Should Applicant file

future habeas applications in this cause, we will not consider the merits of his applications unless

he shows that the factual or legal basis of his grounds was unavailable in a previously filed

application. This application is dismissed.

Copies of this order shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Filed: April 27, 2022 Do not publish