McGowen, Roger Wayne

Court of Criminal Appeals of Texas

McGowen, Roger Wayne

DecidedNovember 26, 2008

DocketWR-64,992-03

StatusPublished

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McGowen, Roger Wayne, (Tex. 2008).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,992-03 EX PARTE ROGER WAYNE MCGOWEN

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 448450 IN THE 339TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per Curiam.

O R D E R

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

On June 1, 1987, a jury convicted Applicant 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 punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. McGowen v. State, No. 69, 855 (Tex. Crim. App. Dec. 2, 1992)(unpublished). On April 11, 1997, Applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071, and on August 31, 1998, he filed a second application for a writ of habeas corpus pursuant to Article 11.071. We denied relief for the first application and dismissed the second application as subsequent. Ex parte McGowen, Nos. WR-69,855-01 & WR-69,855-02 (Tex. Crim. App. Sept. 13, 2006).

We have reviewed Applicant's claims for relief and find that they do not meet the requirements for consideration of subsequent claims under Article 11.071, Section 5. Therefore, we dismiss this subsequent application.

IT IS SO ORDERED THIS THE 26^TH DAY OF NOVEMBER, 2008.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,992-03 EX PARTE ROGER WAYNE MCGOWEN

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 448450 IN THE 339TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per Curiam.

O R D E R

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

On June 1, 1987, a jury convicted Applicant 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 punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. McGowen v. State, No. 69, 855 (Tex. Crim. App. Dec. 2, 1992)(unpublished). On April 11, 1997, Applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071, and on August 31, 1998, he filed a second application for a writ of habeas corpus pursuant to Article 11.071. We denied relief for the first application and dismissed the second application as subsequent. Ex parte McGowen, Nos. WR-69,855-01 & WR-69,855-02 (Tex. Crim. App. Sept. 13, 2006).

We have reviewed Applicant's claims for relief and find that they do not meet the requirements for consideration of subsequent claims under Article 11.071, Section 5. Therefore, we dismiss this subsequent application.

IT IS SO ORDERED THIS THE 26^TH DAY OF NOVEMBER, 2008.

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