Kindred, Herman Lee AKA Poncho ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-33,972-99
EX PARTE HERMAN LEE KINDRED, AKA PONCHO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. FR 30311-K IN THE 264TH DISTRICT COURT
FROM BELL COUNTY
Per curiam. WALKER , J., not participating.
ORDER
Applicant pleaded guilty to burglary of a habitation and was sentenced to ten years’
community supervision. His community supervision was later revoked and he was sentenced to ten
years’ imprisonment. The Third Court of Appeals dismissed his appeal. Kindred v. State, No. 03-
85-00020-CR (Tex. App. — Austin Sept. 4, 1985) (not designated for publication). Applicant filed
this application for a writ of habeas corpus in the county of conviction, and the district clerk
forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
We have previously dismissed six subsequent applications in this cause. See TEX . CODE
CRIM . PROC. art. 11.07, § 4. It is obvious from the record that Applicant continues to raise grounds
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that were previously rejected on the merits or that should have been raised in previous applications.
We hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex parte Jones, 97
S.W.3d 586 (Tex. Crim. App. 2003); TEX . GOV ’T CODE § 498.0045(a-1). Should Applicant file
future habeas applications in this cause, we will not consider the merits of his applications unless
he shows that the factual or legal basis of his grounds was unavailable in a previously filed
application. This application is dismissed.
Copies of this order shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Filed: April 27, 2022
Do not publish