Esparza, Juan Melecio ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-70,204-03
EX PARTE JUAN MELECIO ESPARZA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F-2005-2101-C (WHC3)
IN THE 211TH DISTRICT COURT
FROM DENTON 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 murder and
sentenced to seventy-five years’ imprisonment.
In his present application, Applicant raises four grounds challenging his conviction. This
application, however, presents a more serious question. Applicant alleges, among other things, that
he is actually innocent and that counsel was ineffective. In support of his allegations, Applicant
submitted a document purporting to be affidavit.
2
After a remand, the trial court has found that the purported affidavit submitted by Applicant
“is neither accurate nor correct, nor was it authored by the person listed in the document.” The court
also found that the Notary Public listed in the affidavit did not notarize the document. The court
concluded that Applicant submitted false evidence.
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). We find that Applicant has abused
The Great Writ by submitting false evidence. We deny relief on this application and cite him for
abuse of the writ. By that abuse, Applicant has waived and abandoned any contention that he might
have in regard to the instant conviction, at least insofar as existing claims that he could have or
should have brought in the application. Ex parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003);
Middaugh v. State, 683 S.W.2d 713 (Tex. Crim. App. 1985); Ex parte Emmons, 660 S.W.2d 106
(Tex. Crim. App. 1983). Additionally, based on Applicant’s submission of false evidence, we find
that Applicant has filed a frivolous lawsuit.
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: May 1, 2019
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