Wardlow, Billy Joe

Court of Criminal Appeals of Texas

Wardlow, Billy Joe

DecidedSeptember 15, 2004

DocketWR-58,548-01

StatusPublished

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 58,548-01 EX PARTE BILLY JOE WARDLOW

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM TITUS COUNTY

Per Curiam. Price, J., would remand for affidavits on allegations 5B, 5E, and 7. Johnson, J., dissents.

O R D E R

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071 of the Texas Code of Criminal Procedure.

On February 8, 1995, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to 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. Wardlow v. State, No. 72,102 (Tex. Crim. App. Apr. 2, 1997)(not designated for publication).

After initially asking this Court to refrain from appointing him counsel for habeas and to immediately set an execution date for him, applicant entered into a legal representation agreement with attorney Mandy Welch on September 25, 1997, in which she agreed to notify the appropriate courts that applicant did, in fact, wish to pursue his post-conviction remedies. After receiving confirmation from the trial court that applicant did wish to pursue habeas relief, this Court appointed Welch as applicant's attorney in that regard on January 21, 1998, and ordered that any application be filed in the convicting court no later than the 180^th day after the date of the appointment.

On July 2, 1998, this Court again received correspondence from applicant that he wanted to discontinue his appeal. In light of that request, we issued an order granting applicant's request "to waive and forego all further appeals." Ex parte Wardlow, No. 72,102 (Tex. Crim. App. July 14, 1998)(not designated for publication). Despite this order, counsel filed applicant's habeas application on July 20, 1998, 180 days after the date of her appointment. For the reasons stated in the order of July 14, 1998, we dismiss applicant's post-conviction application for writ of habeas corpus.

IT IS SO ORDERED THIS THE 15^th DAY OF September, 2004.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 58,548-01 EX PARTE BILLY JOE WARDLOW

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM TITUS COUNTY

Per Curiam. Price, J., would remand for affidavits on allegations 5B, 5E, and 7. Johnson, J., dissents.

O R D E R

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071 of the Texas Code of Criminal Procedure.

On February 8, 1995, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to 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. Wardlow v. State, No. 72,102 (Tex. Crim. App. Apr. 2, 1997)(not designated for publication).

After initially asking this Court to refrain from appointing him counsel for habeas and to immediately set an execution date for him, applicant entered into a legal representation agreement with attorney Mandy Welch on September 25, 1997, in which she agreed to notify the appropriate courts that applicant did, in fact, wish to pursue his post-conviction remedies. After receiving confirmation from the trial court that applicant did wish to pursue habeas relief, this Court appointed Welch as applicant's attorney in that regard on January 21, 1998, and ordered that any application be filed in the convicting court no later than the 180^th day after the date of the appointment.

On July 2, 1998, this Court again received correspondence from applicant that he wanted to discontinue his appeal. In light of that request, we issued an order granting applicant's request "to waive and forego all further appeals." Ex parte Wardlow, No. 72,102 (Tex. Crim. App. July 14, 1998)(not designated for publication). Despite this order, counsel filed applicant's habeas application on July 20, 1998, 180 days after the date of her appointment. For the reasons stated in the order of July 14, 1998, we dismiss applicant's post-conviction application for writ of habeas corpus.

IT IS SO ORDERED THIS THE 15^th DAY OF September, 2004.

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