AISHMAN, ALFRED EUGENE Jr. ( 2019 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-84,740-03
    EX PARTE ALFRED EUGENE AISHMAN, JR., Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 114-1136-05-B IN THE 114TH DISTRICT COURT
    FROM SMITH 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 pleaded guilty to aggravated sexual
    assault of a child and was sentenced to fifty years’ imprisonment.
    In the instant application, Applicant raises three grounds for review. Applicant alleges that
    he is actually innocent of the offense to which he pleaded guilty. He also alleges prosecutorial and
    judicial misconduct during post-conviction DNA proceedings pursuant to Chapter 64 of the Texas
    Code of Criminal Procedure, which occurred after the final disposition of his initial application for
    writ of habeas corpus.
    2
    Applicant is not confined because of any error in his Chapter 64 proceedings. Therefore, the
    post-conviction writ of habeas corpus is not available for his claims of error in that proceeding.
    Ex parte Baker, 
    185 S.W.3d 894
    (Tex. Crim. App. 2006); Ex parte Suhre, 
    185 S.W.3d 898
    (Tex.
    Crim. App. 2006). Those claims are denied.
    Applicant's remaining claims are barred from review; as such, they are dismissed. Tex. Code
    Crim. Proc. art. 11.07 § 4.
    Filed: August 21, 2019
    Do not publish
    

Document Info

Docket Number: WR-84,740-03

Filed Date: 8/21/2019

Precedential Status: Precedential

Modified Date: 8/24/2019