Moore, Frank

Court of Criminal Appeals of Texas

Moore, Frank

DecidedSeptember 13, 2006

DocketWR-40,046-03

StatusPublished

This text of Moore, Frank (Moore, Frank) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore, Frank, (Tex. 2006).

Pincite

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-40,046-03 EX PARTE FRANK MOORE

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 94-CR-2047 IN THE 226^TH DISTRICT COURT

BEXAR COUNTY

Per Curiam. Johnson, J., would remand on No. 1. Hervey, J., not participating.

O R D E R

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

Applicant was convicted of the offense of capital murder in July 1999. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Moore v. State, No. 73,526 (Tex. Crim. App. January 9, 2002). This Court dismissed Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Moore, No. 40,046-01 (Tex. Crim. App. January 27, 1999). This Court denied Applicant's second post-conviction application for writ of habeas corpus. Ex parte Moore, No. 40,046-02 (Tex. Crim. App. May 14, 2003). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on April 10, 2006.

Applicant presents two allegations in which he challenges the validity of his conviction and resulting sentence. We have reviewed the application and find the allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, the application is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c).

IT IS SO ORDERED THIS THE 13^TH DAY OF SEPTEMBER, 2006.

Do Not Publish

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-40,046-03 EX PARTE FRANK MOORE

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 94-CR-2047 IN THE 226^TH DISTRICT COURT

BEXAR COUNTY

Per Curiam. Johnson, J., would remand on No. 1. Hervey, J., not participating.

O R D E R

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

Applicant was convicted of the offense of capital murder in July 1999. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Moore v. State, No. 73,526 (Tex. Crim. App. January 9, 2002). This Court dismissed Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Moore, No. 40,046-01 (Tex. Crim. App. January 27, 1999). This Court denied Applicant's second post-conviction application for writ of habeas corpus. Ex parte Moore, No. 40,046-02 (Tex. Crim. App. May 14, 2003). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on April 10, 2006.

Applicant presents two allegations in which he challenges the validity of his conviction and resulting sentence. We have reviewed the application and find the allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, the application is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, § 5(c).

IT IS SO ORDERED THIS THE 13^TH DAY OF SEPTEMBER, 2006.

Do Not Publish

Cite This Page — Counsel Stack

Bluebook (online)

Moore, Frank, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-frank-texcrimapp-2006.