Lave, Joseph Roland

• Court: Court of Criminal Appeals of Texas
• Decided: September 7, 2007
• Docket: WR-44,564-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-44,564-02 EX PARTE JOSEPH ROLAND LAVE, JR. ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. W93-03527-V FROM THE

282^ND DISTRICT COURT OF DALLAS COUNTY

Per Curiam. Keller, P.J., and Price, J., not participating.

ORDER

This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5.

Applicant was convicted of capital murder on March 29, 1994. We affirmed the conviction and sentence on direct appeal. Lave v. State, No. 71,897 (Tex. Crim. App. November 20, 1996). On January 26, 1998, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Lave, No. WR-44,564-01 (Tex. Crim. App. September 20, 2000). Applicant alleges he was denied the right to confront witnesses against him in trial. He admits that the legal basis for this claim depends on this Court's reversal of our opinion in Ex parte Keith, 202 S.W.3d 767 (Tex. Crim. App. 2006), in which we held that Crawford v. Washington, 541 U.S. 36 (2004), would not be applied retroactively in a state-court proceeding.

Because applicant has not asserted that a new legal basis, previously unavailable, exists now, he has failed to show that he is entitled to review of this subsequent claim under Article 11.071, Section 5(a)(1). This application is dismissed as an abuse of the writ and the motion for stay is denied.

IT IS SO ORDERED THIS THE 7^TH DAY OF SEPTEMBER, 2007.

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