Acker, Daniel Clate ( 2008 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-56,841-04

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EX PARTE DANIEL CLATE ACKER

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 00-16026 FROM THE 8^TH DISTRICT COURT OF HOPKINS COUNTY

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Per Curiam.  

ORDER

This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5.

Applicant was convicted of capital murder on March 30, 2001. We affirmed the conviction and sentence on direct appeal. Acker v. State, No. AP-74,109 (Tex. Crim. App. November 26, 2003). On July 18, 2003, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. When this Court received the record it included pro se claims raised by applicant. We denied relief on the initial application and determined the pro se claims were untimely and did not meet the requirements for consideration of subsequent claims under Article 11.071, Section 5, and dismissed them. Ex parte Acker, No. WR-56,841-01 and WR-56, 841-03 (Tex. Crim. App. November 15, 2006). Applicant now brings fifteen more claims. We have reviewed these claims and find that they do not meet the requirements of Article 11.071, Section 5 for consideration of subsequent claims. This application is dismissed as an abuse of the writ.

IT IS SO ORDERED THIS THE 10^TH DAY OF SEPTEMBER, 2008.

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