Opinion

Wilkins, Billy Charles

Court
Court of Criminal Appeals of Texas
Filed
Nov 7, 2007
Status
Published
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-39,583-13

EX PARTE BILLY CHARLES WILKINS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 13872-J IN THE 35 TH DISTRICT COURT

FROM BROWN 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 burglary of a habitation as a

habitual offender and sentenced to ninety-nine years' imprisonment.

In his present application, Applicant raises two grounds 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. This application is dismissed.

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: November 7, 2007

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