Opinion

Brown, Jerome Diego

Court
Court of Criminal Appeals of Texas
Filed
Aug 30, 2006
Status
Published
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-33,202-11

EX PARTE JEROME DIEGO BROWN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 0514634 IN THE 371ST DISTRICT COURT

FROM TARRANT 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 this application for writ of habeas corpus. Ex parte

Young , 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

assault of a peace officer and sentenced to thirty-two years' imprisonment.

In his present application, applicant raises one ground challenging his conviction. This

application, however, presents a more serious question. This Court's records reflect that applicant

has filed eight prior applications challenging this conviction. 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.

Therefore, we instruct the Honorable Louise Pearson, 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 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: AUGUST 30, 2006

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