IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 6958-B IN THE 411TH JUDICIAL DISTRICT COURT
TRINITY COUNTY
O R D E R
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 June 27, 1985, 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. Hathorn v. State, 848 S.W.2d 101 (Tex. Crim. App. 1992).
Applicant presents eleven allegations in his application in which he challenges the validity of his conviction and resulting sentence. An evidentiary hearing was held, and the trial judge entered findings of fact and conclusions of law. The trial court recommended that relief be denied.
This Court has reviewed the record with respect to the allegations made by applicant. We adopt the trial judge's findings and conclusions, except for conclusion of law number two which we reject. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.
This Court has also reviewed documents entitled "Skeletal Supplement to Writ of Habeas Corpus" and "Supplemental Application for Writ of Habeas Corpus." Because these documents were filed after the deadline provided for the filing of an initial application for writ of habeas corpus, we find them to be subsequent applications. See Art. 11.071. We further find that the documents fail to meet one of the exceptions provided for in Section 5 of Article 11.071 and, thus, we dismiss them as abuses of the writ.
IT IS SO ORDERED THIS THE 13TH DAY OF SEPTEMBER, 2006.
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