The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,547-01
EX PARTE BYRON ORRICK OUTLAW, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 44441-B*1 IN THE 78TH DISTRICT COURT
FROM WICHITA COUNTY
Per curiam.
ORDER
Applicant was convicted of murder and sentenced to life imprisonment. The Second Court
of Appeals affirmed his conviction. Outlaw v. State, No. 02-06-00447-CR (Tex. App. — Fort
Worth, 2008) (not designated for publication). Applicant filed this application for a writ of habeas
corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE
CRIM . PROC. art. 11.07.
Applicant contends, among other things, that he was convicted on the basis of false testimony
at trial from his co-defendant, Clifton Wiley, and also that he was in another city at the time the
murder occurred, conducting drug sales with Gerrod Robinson. In support of his allegations,
Applicant submitted an affidavit from Clifton Wiley in which he recanted his trial testimony and
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stated that he committed the offense himself. Applicant also submitted an affidavit from Gerrod
Robinson stating that Applicant was with Robinson in Arlington at the time of the murder and could
not have committed the murder.
The trial court conducted a live habeas hearing and heard testimony and arguments about
these and Applicant’s other grounds for review. At the habeas hearing, Clifton Wiley testified that
his testimony at Applicant’s trial was true, and that his recanting affidavit was false. Gerrod
Robinson testified consistently with his affidavit, but conceded that he could have been mistaken
about the dates. Robinson’s purported alibi testimony was also contradicted by the testimony of
other witnesses at trial and at the habeas hearing. The trial court has found that Applicant knew that
the affidavits of Clifton Wiley and Gerrod Robinson were false when he submitted them in support
of his application, and that he has abused the writ by knowingly submitting false evidence.
We agree and hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex
parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003); TEX . GOV ’T CODE § 498.0045(a-1). Should
Applicant file future habeas applications in this cause, we will not consider the merits of his
applications unless he shows that the factual or legal basis of his grounds was unavailable in a
previously filed application. This application is dismissed.
Copies of this order shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Filed: January 29, 2020
Do not publish