Barbee, Stephen Dale ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-71,070-02

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EX PARTE STEPHEN DALE BARBEE

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 1004856R IN THE 213^TH JUDICIAL DISTRICT COURT TARRANT COUNTY

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Per Curiam.

O R D E R

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

In February 2006, a jury convicted applicant 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 punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Barbee v. State, No. AP-75,359 (Tex. Crim. App. Dec. 10, 2008). On March 14, 2008, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Barbee, No. WR-70,070-01 (Tex. Crim. App. Jan. 14, 2009).

Applicant presents twenty-one allegations in this subsequent. In his second allegation, applicant maintains that he was deprived of due process and a fair trial because his attorneys had a conflict of interest. We have reviewed the application and find that applicant's second allegation satisfies the requirements of Article 11.071 § 5, thus allowing for consideration of the claim. Accordingly, we remand the application to the trial court for consideration of Applicant's second allegation.

IT IS SO ORDERED THIS THE 14^TH DAY OF SEPTEMBER, 2011.

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