IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-61,587-08
EX PARTE DAVID WILSON HEINZE, SR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F-2000-0605-D WHC 7 IN THE 362ND DISTRICT COURT
FROM DENTON 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 three counts of
aggravated sexual assault and sentenced to imprisonment for ninety-nine years on each count. He
was also convicted of one count of indecency with a child and sentenced to imprisonment for twenty
years.
In his present application, Applicant raises six grounds. This application, however, presents
a more serious question. This Court’s records reflect that Applicant has filed five prior applications
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that have been dismissed under Article 11.07, § 4 of the Code of Criminal Procedure. 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
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