Tucker, Eric Samuel ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,319-20
EX PARTE ERIC SAMUEL TUCKER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1428697-T IN THE 184TH DISTRICT COURT
FROM HARRIS 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 aggravated
assault of a family member and sentenced to thirty years’ imprisonment. The First Court of Appeals
affirmed his conviction. Tucker v. State, No. 01-15-00274-CR (Tex. App.—Houston [1st Dist.] Jun.
2, 2016) (not designated for publication).
In his present application, Applicant raises seven grounds. This application, however,
presents a more serious question. This Court’s records reflect that Applicant has filed six prior
2
applications pertaining to this conviction that complied with the Rules of Appellate Procedure and
the Rules of the Article 11.07 form. 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
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: May 15, 2019
Do not publish