eLaws | Code of Federal Regulations | United States Code |
 All Courts
 State Courts
 Court of Criminal Appeals of Texas
 2017-01

Braden, Howard Eugene ( 2017 )


Menu:
 
  •              IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-4,854-14
EX PARTE HOWARD EUGENE BRADEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 5024-H IN THE 155TH DISTRICT COURT
FROM AUSTIN 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 rape and
sentenced to life imprisonment.
In his present application, Applicant raises several grounds for relief. This application,
however, presents a more serious question. This Court’s records reflect that Applicant has filed
many prior habeas applications pertaining to this conviction, of which five were dismissed as
subsequent. It is obvious from the record that Applicant continues to raise issues that have been
2
presented and rejected in previous applications or that should have been 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 Honorable Abel Acosta, 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: January 11, 2017
Do not publish