Court of Criminal Appeals of Texas, 2007

Ruiz, Rolando

Court of Criminal Appeals of Texas · Decided July 6, 2007

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-27,328-03

EX PARTE ROLANDO RUIZ

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 92-CR-6718B FROM THE

227^TH DISTRICT COURT OF BEXAR COUNTY

Per Curiam. Womack, J., filed a statement respecting the dismissal of the application. Holcomb, J., filed a statement dissenting to the dismissal of the application in which Johnson, J., joins. Price and Hervey, JJ., not participating.

ORDER

This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant asserts in two claims that he failed to receive the effective assistance of counsel during his trial and post-conviction review.

Applicant was convicted of capital murder on January 18, 1995. We affirmed the conviction and sentence on direct appeal. Ruiz v. State, No 72,072 (Tex. Crim. App. February 25, 1998). On September 15, 1997, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Ruiz, No. WR-27,328-02 (Tex. Crim. App. April 2, 2003).

We have reviewed these claims and find that they do not meet the requirements for consideration of subsequent claims under Article 11.071, Section 5. This application is dismissed as an abuse of the writ and the motion for stay of execution is denied.

IT IS SO ORDERED THIS THE 6^TH DAY OF JULY, 2007.

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