Green, Gary ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,575-01
EX PARTE GARY GREEN
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
FROM CAUSE NO. F09-59380-S IN THE 282 nd DISTRICT COURT
DALLAS COUNTY
Per Curiam.
ORDER
This is an application for a writ of habeas corpus filed pursuant to the provisions of
Texas Code of Criminal Procedure Article 11.071.
In November 2010, a jury found applicant guilty of the offense of capital murder
committed in September 2009. 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. Green v. State, No. AP-76,458 (Tex. Crim. App. Oct. 3, 2012).
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Applicant presents twenty allegations in his application in which he challenges the
validity of his conviction and resulting sentence. The trial court held an evidentiary hearing.
The trial court entered findings of fact and conclusions of law recommending that the relief
sought be denied.
This Court has reviewed the record with respect to the allegations made by applicant.
We adopt the trial court’s findings and conclusions. Grounds for relief 11B, 13, 15, 16A, and
17 are also procedurally barred. See Ex parte Banks, 769 S.W.2d 539 (Tex. Crim. App.
1989); Ex parte Acosta, 672 S.W.2d 470 (Tex. Crim. App. 1984). Therefore, based upon the
trial court’s findings and conclusions and our own review, we deny relief.
IT IS SO ORDERED THIS THE 24TH DAY OFJUNE, 2015.
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