Williams, Clifton Lamar ( 2015 )


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  •            IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-71,296-02
    EX PARTE CLIFTON LAMAR WILLIAMS, Applicant
    ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
    AND MOTION TO STAY THE EXECUTION IN CAUSE NO. 114-1505-06
    IN THE 114 TH JUDICIAL DISTRICT COURT
    SMITH COUNTY
    Per curiam. M EYERS, J., would deny the stay.
    ORDER
    This is a subsequent application for a writ of habeas corpus filed pursuant to the
    provisions of Texas Code of Criminal Procedure Article 11.071 § 5 and a motion for a
    stay of execution.
    In October 2006, a jury found applicant guilty of the offense of capital murder.
    The jury answered the special issues submitted pursuant to Texas Code of Criminal
    Procedure Article 37.071, and the trial court, accordingly, set applicant’s punishment at
    death. This Court affirmed applicant’s conviction and sentence on direct appeal.
    Williams - 
    2 Will. v
    . State, 
    270 S.W.3d 112
    (Tex. Crim. App. 2008). This Court denied relief on
    applicant’s initial post-conviction application for a writ of habeas corpus. Ex parte
    Williams, No. WR-71,296-01 (Tex. Crim. App. Mar. 18, 2009)(not designated for
    publication).
    On July 15, 2015, applicant filed in the trial court this his first subsequent
    application for a writ of habeas corpus. After reviewing applicant’s habeas application,
    we have determined that the claim raised meets the dictates of Article 11.071 § 5.
    Therefore, the application is remanded to the trial court for a review on the merits.
    Applicant’s motion to stay his execution is granted pending resolution of his claim.
    IT IS SO ORDERED THIS THE 16th DAY OF JULY, 2015.
    Do Not Publish
    

Document Info

Docket Number: WR-71,296-02

Filed Date: 7/16/2015

Precedential Status: Precedential

Modified Date: 9/29/2016