Claybon, Gregory Allen

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NOS. WR-49,534-17 & -18


EX PARTE GREGORY ALLEN CLAYBON, Applicant


ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. F93-42134-H & F93-42135-H

IN THE CRIMINAL DISTRICT COURT

FROM DALLAS COUNTY


Per curiam.



O R D E R



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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of indecency with a child and sentenced to two terms of ten years' imprisonment.

In his present applications, Applicant raises four grounds challenging his convictions. These applications, however, present a more serious question. This Court's records reflect that Applicant has filed five prior applications challenging these convictions. 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. 1977). 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. These applications are dismissed.

Therefore, we instruct the Honorable Louise Pearson, Clerk of the Court of Criminal Appeals, not to accept or file the instant applications for a writ of habeas corpus, or any future application attacking 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).



Filed: April 22, 2009

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