Miller, Chester Duane

CourtCourt of Criminal Appeals of Texas
DecidedJune 8, 2016
DocketWR-16,658-02
StatusPublished

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Miller, Chester Duane, (Tex. 2016).

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-16,658-02

EX PARTE CHESTER DUANE MILLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 6225-A IN THE 259TH DISTRICT COURT FROM JONES COUNTY

Per curiam.

ORDER

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and

sentenced to sixty years’ imprisonment.

Applicant alleges the failure to award him good time credits and to adjust his time earning

status violates his right to due process. The habeas court, after receiving an affidavit from TDCJ

detailing the status of Applicant’s time credits, recommends that this Court grant Applicant the time

to which he is entitled. According to TDCJ, Applicant’s time was adjusted in March 2016 to reflect

that he completed an on the job training program in December 2000. 2

This Court does not consider matters such as loss of good time credit, disciplinary

proceedings, and inmate classification by way of a writ of habeas corpus. Ex parte Palomo, 759

S.W.2d 671, 674 (Tex. Crim. App. 1988); Ex parte Brager, 704 S.W.2d 46 (Tex. Crim. App. 1986).

Applicant’s claim is not cognizable on habeas corpus. We deny relief.

Filed: June 8, 2016 Do not publish

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Related

Ex Parte Brager
704 S.W.2d 46 (Court of Criminal Appeals of Texas, 1986)
Ex Parte Palomo
759 S.W.2d 671 (Court of Criminal Appeals of Texas, 1988)
Ex Parte Young
418 S.W.2d 824 (Court of Criminal Appeals of Texas, 1967)

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