# Ex Parte Rogers

> Court of Criminal Appeals of Texas · September 18, 1991 · 819 S.W.2d 533

URL: https://www.frixlaw.com/law-library/cases/9666130

## Case

- **Full name:** Ex Parte Patrick F. ROGERS
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 18, 1991
- **Citations:** 819 S.W.2d 533; 1991 WL 105631
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Clinton, Baird, Maloney
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9666130

## Opinion text

OPINION
PER CURIAM.
This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Art. 11.07, Y.A.C.C.P.
On January 9, 1986, applicant was found guilty of the offense of capital murder. After the jury returned affirmative answers to the special issues, punishment was assessed at death. This Court affirmed applicant’s conviction on direct appeal. Rogers v. State, 774 S.W.2d 247 (Tex.Cr.App.1989).
On January 17, 1991, this Court ordered the instant cause filed and set on applicant’s first allegation. In that allegation, it is urged the jury in applicant’s capital murder trial was precluded from considering mitigating evidence regarding applicant’s background and character. The trial court has entered findings of fact and conclusions of law and recommended the relief sought be denied.
This Court has reviewed the record with respect to the allegation presented by applicant and finds that the findings and conclusions entered by the trial court are supported by the record and upon such basis the relief sought is denied. 1 The Stay of Execution entered by this Court on January 17, 1991, is vacated.
. We specifically decline to adopt conclusions of law Nos. 2, 3, and 8 entered by the trial court concerning applicant’s alleged procedural default. See Black v. State, 816 S.W.2d 350 (Tex. Cr.App.1991). Applicant’s remaining 29 allegations are denied on the basis of the findings and conclusions entered by the trial court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9666130. Public record. Not legal advice.