IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-61,055-02
EX PARTE LINDA CARTY
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NO. 877592 IN THE 177 TH JUDICIAL DISTRICT COURT
HARRIS COUNTY
Per curiam. K ELLER, P.J., filed a dissenting opinion. N EWELL, J., not
participating.
ORDER
This is a subsequent application for writ of habeas corpus filed pursuant to the
provisions of Texas Code of Criminal Procedure Article 11.071, § 5.
In February 2002, Applicant was convicted 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
Carty - 2
Applicant’s conviction and sentence on direct appeal. Carty v. State, No. AP-74,295 (Tex.
Crim. App. April 7, 2004). This Court denied relief on Applicant’s initial post-conviction
application for writ of habeas corpus. Ex parte Carty, No. WR-61,055-01 (Tex. Crim. App.
March 2, 2005). Applicant’s instant post-conviction application for writ of habeas corpus
was filed in the trial court on September 10, 2014.
Applicant presents six allegations. We have reviewed the application and find that
Allegations A, B, and C satisfy the requirements of Texas Code of Criminal Procedure
Article 11.071, § 5(a). Accordingly, we find that the requirements for consideration of a
subsequent application have been met and the cause is remanded to the trial court for
consideration of Allegations A, B, and C.
IT IS SO ORDERED THIS THE 25TH DAY OF FEBRUARY, 2015.
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