Nowden, Charles Cleveland ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,342-08
EX PARTE CHARLES CLEVELAND NOWDEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1182411D IN THE 297TH DISTRICT COURT
FROM TARRANT COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of forgery and
sentenced to eighty years’ imprisonment.
In his present application, Applicant raises two grounds. This application, however, presents
a more serious question. This Court’s records reflect that Applicant has filed seven prior
applications pertaining to this conviction. It is obvious from the record that Applicant continues to
raise issues that have been presented and rejected in previous applications or that should have been
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presented in previous applications. The writ of habeas corpus is not to be lightly or easily abused.
Sanders v. U.S., 373 U.S. 1 (1963); Ex parte Carr, 511 S.W.2d 523 (Tex. Crim. App. 1974).
Because of his repetitive claims, we hold that Applicant’s claims are barred from review under
Article 11.07, § 4, and are waived and abandoned by his abuse of the writ. This application is
dismissed.
Therefore, we instruct the Clerk of the Court of Criminal Appeals not to accept or file the
instant application for a writ of habeas corpus, or any future application pertaining to this conviction
unless Applicant is able to show in such an application that any claims presented have not been
raised previously and that they could not have been presented in a previous application for a writ of
habeas corpus. Ex parte Bilton, 602 S.W.2d 534 (Tex. Crim. App. 1980).
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Filed: August 22, 2018
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