Court of Criminal Appeals of Texas, 2006

Frazier, Derrick

Court of Criminal Appeals of Texas · Decided June 28, 2006

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-49,164-02

EX PARTE DERRICK FRAZIER

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 97-8-3675 FROM THE

24^TH DISTRICT COURT OF REFUGIO COUNTY

Per Curiam. PRICE, J., filed a statement dissenting to the dismissal of the application.

ORDER

This is a subsequent application for habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant asserts two claims alleging juror misconduct and the ineffective assistance of counsel.

Applicant was convicted of capital murder on September 30, 1998. We affirmed the conviction and sentence. Frazier v. State, No. 73,268 (Tex.Crim.App. March 28, 2001). Based on the findings of the convicting court, we denied relief on his original application for writ of habeas corpus. Ex parte Frazier, No. WR-49,164-01 (Tex.Crim.App. June 27, 2001).

We have reviewed this subsequent application and find that the claims do not meet the requirements of Texas Code of Criminal Procedure Article 11.071, section 5 for consideration of subsequent claims. This application is dismissed as an abuse of the writ.

IT IS SO ORDERED THIS THE 28TH DAY OF JUNE, 2006.

Do Not Publish

Case-law data current through December 31, 2025. Source: CourtListener bulk data.