Scheanette, Dale Devon

 

 

 

 

 

 

 

       IN THE COURT OF CRIMINAL APPEALS

                                   OF TEXAS

 

                                                                             

                                                             NO. WR-59,466-01

 

 

                                        EX PARTE DALE DEVON SCHEANETTE

 

                                                                             

                  ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

         NO. C-4-006948-0854220-A IN THE CRIMINAL DISTRICT COURT FOUR

                                                           TARRANT COUNTY

 

 

Per Curiam. 

 

 

                                                                     O R D E R

 

The order of November 9, 2005, is withdrawn.  This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.


On January 8, 2003, a jury convicted applicant of the offense of capital murder.  The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death.  This Court affirmed applicant=s conviction and sentence on direct appeal.  Scheanette v. State, 144 S.W.3d 503 (Tex. Crim. App. 2004), cert. denied, 125 S. Ct. 872 (2005). 

Applicant presented twenty-nine allegations in his application in which he challenged the validity of his conviction and resulting sentence.  By written order dated April 13, 2005, this cause was remanded to the trial court so that the habeas corpus record could be supplemented with affidavits from counsel or other evidence pertaining to applicant=s claims of ineffective assistance.

On remand, applicant=s counsel submitted affidavits and the trial court entered supplemental findings and conclusions recommending that relief be denied.  This Court has reviewed the record.  We adopt all of the trial judge=s findings and conclusions.  Based upon the trial court=s findings and conclusions and our own review, the relief sought is denied.

IT IS SO ORDERED THIS THE 14th DAY OF DECEMBER, 2005.

 

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