Taylor, Roy Deshan

Court of Criminal Appeals of Texas·Decided September 16, 2009·No. WR-48,519-18·Published

Opinion



IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NOS. WR-48,519-17 & WR-48,519-18
EX PARTE ROY DESHAN TAYLOR, Applicant


ON APPLICATION FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 41853 & 41854 IN THE 264TH DISTRICT COURT

FROM BELL COUNTY

Per curiam.

O R D E R



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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was twice convicted of delivery of cocaine and sentenced to twenty-five years' imprisonment for each cause.

In his present applications, Applicant raises two grounds. This application, however, presents a more serious question. This Court's records reflect that Applicant has filed seven prior applications challenging these convictions. It is obvious from the record that Applicant continues to raise issues that have been presented and rejected in previous applications or that should have been presented in previous applications. The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 373 U.S. 1 (1963); Ex parte Carr, 511 S.W.2d 523 (Tex. Crim. App. 1977). Because of his repetitive claims, we hold that Applicant's claims are barred from review under Article 11.07, § 4, and are waived and abandoned by his abuse of the writ. This application is dismissed.

Therefore, we instruct the Honorable Louise Pearson, Clerk of the Court of Criminal Appeals, not to accept or file the instant application for a writ of habeas corpus, or any future application attacking this conviction unless Applicant is able to show in such an application that any claims presented have not been raised previously and that they could not have been presented in a previous application for a writ of habeas corpus. Ex parte Bilton, 602 S.W.2d 534 (Tex. Crim. App. 1980).



Filed: September 16, 2009

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Related

Sanders v. United States
373 U.S. 1 (Supreme Court, 1963)
Ex Parte Bilton
602 S.W.2d 534 (Court of Criminal Appeals of Texas, 1980)
Ex Parte Carr
511 S.W.2d 523 (Court of Criminal Appeals of Texas, 1974)
Ex Parte Young
418 S.W.2d 824 (Court of Criminal Appeals of Texas, 1967)