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 September 1994, a jury found applicant guilty 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 applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Blair v. State, No. 72,009 (Tex. Crim. App. Sept. 25, 1996) (not designated for publication). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on January 20, 1998. This Court denied applicant relief. Ex parte Blair, No. WR-40,719-01 (Tex Crim. App. Apr. 7, 1999)(not designated for publication). The Court dismissed applicant's first subsequent application on September 13, 2000, and remanded his second subsequent application to the trial court on May 30, 2001, to consider five of the issues raised. Ex parte Blair, Nos. WR-40,719-02 and -03 (Tex. Crim. App. Sept. 13, 2000 and May 30, 2001)(neither designated for publication). The second subsequent application is still pending in the trial court.

Applicant presents one allegation in the instant application. Specifically, he asserts that newly discovered evidence shows him to be actually innocent of the crime of which he has been convicted. We have reviewed the application and find that the allegation satisfies the requirements of Article 11.071 § 5. Accordingly, we remand the application to the trial court to consider applicant's claim. Because the second subsequent application is still pending in the trial court, and because the claim raised here is a companion claim to those raised in that application, we order the trial court to resolve the issues and return both cases to this Court within 120 days of the date of this order.

IT IS SO ORDERED THIS THE 13^TH DAY OF DECEMBER, 2006.

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