Tong, Chuong Duong

• Court: Court of Criminal Appeals of Texas
• Decided: May 22, 2013
• Docket: WR-71,377-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,377-02 EX PARTE CHUONG DUONG TONG

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 760745 IN THE 178^TH DISTRICT COURT

HARRIS COUNTY

Per Curiam.

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. ⁽¹⁾

In 1998, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted under Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Tong v. State, No. AP-73,058, 25 S.W.3d 707 (Tex. Crim. App. 2000). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court in 2000, and this Court denied relief in 2009. Ex parte Tong, No. WR-71,377-01 (July 1, 2009) (not designated for publication). Applicant then filed an application for a writ of habeas corpus in federal district court, and the federal court entered an order staying the proceedings so that applicant could return to state court to present unexhausted claims. Tong v. Thaler, H-10-CV-2355, Document 31 (S.D. Tex., Houston Div. Sept. 6, 2012) (not designated for publication). Applicant then filed this subsequent application for writ of habeas corpus in the convicting court on Nov. 28, 2012. In compliance with Art. 11.071, § 5(b)(1), the convicting court forwarded this application to this Court.

We have reviewed this subsequent application and find that the allegations fail to satisfy the requirements of Article 11.071, § 5(a). Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims. Art. 11.071, § 5(c).

IT IS SO ORDERED THIS THE 22^ND DAY OF MAY, 2013.

Do Not Publish

1. Unless otherwise indicated, all references to Articles are to the Texas Code of Criminal Procedure.