Swearingen, Larry Ray

Summarize
Check Treatment

Related Cases













IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. WR-53,613-09

EX PARTE LARRY RAY SWEARINGEN



ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 99-11-06435-CR FROM THE 9TH DISTRICT COURT

MONTGOMERY COUNTY

Per Curiam. Cochran, J., filed a concurring statement. Price, J., filed a dissenting statement in which Holcomb, J., joined. Womack and Johnson, JJ., dissent.

O R D E R



We have before us an application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure Article 11.071, § 5.

Applicant was convicted of capital murder on June 28, 2000, and sentenced to death. We affirmed the conviction and sentence on direct appeal. Swearingen v. State, 101 S.W.3d 89 (Tex. Crim. App. 2003). On March 11, 2002, applicant filed in the trial court his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Swearingen, No. WR-53,613-01 (Tex. Crim. App. May 21, 2003)(not designated for publication). On January 22, 2007, applicant filed a subsequent application in the convicting court. We remanded six of his claims to the convicting court for resolution. After the case was returned to this Court, we reviewed the findings of the convicting court, adopted them, and denied his application. Ex parte Swearingen, No. WR-53,613-04 (Tex. Crim. App. Jan. 16, 2008)(not designated for publication).

On January 16, 2008, applicant filed a second subsequent application in the convicting court. We remanded two of his claims to the convicting court for resolution. After the case was returned to this Court, we reviewed the findings of the convicting court, adopted them, and denied his application. Ex parte Swearingen, No. WR-53,613-05 (Tex. Crim. App. Dec. 17, 2008)(not designated for publication). Applicant filed a pro se subsequent application in the trial court on January 23, 2009. That application is dismissed this day in a separate order. Ex parte Swearingen, No. WR-53,613-08 (Tex. Crim. App. Jan. 27, 2009).

The current application was also filed in the trial court on January 23, 2009. Applicant raises twelve claims in his application. After reviewing the application, we have determined that applicant's claims do not meet the requirements of Article 11.071, § 5. The application is, therefore, dismissed.

IT IS SO ORDERED THIS THE 27TH DAY OF JANUARY, 2009.

Do Not Publish