Wilson, Damon Tremayne AKA Wilson, Damon T.

Court of Criminal Appeals of Texas·Decided February 3, 2016·No. WR-72,411-15·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-72,411-15

EX PARTE DAMON TREMAYNE WILSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 28362-I IN THE THIRD DISTRICT COURT FROM ANDERSON 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 aggravated sexual assault of a child and indecency with a child and sentenced to imprisonment.

In his present application, Applicant raises several grounds. This application, however, presents a more serious question. This Court’s records reflect that Applicant has filed five prior applications pertaining to this conviction. 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. 1974). 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 Abel Acosta, 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 pertaining to 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).

Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Filed: February 3, 2016 Do not publish

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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)