Matthews, Damon Roshun ( 2014 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-75,919-02

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EX PARTE DAMON ROSHUN MATTHEWS

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ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 941608 IN THE 183^RD DISTRICT COURT

HARRIS COUNTY

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   Per curiam.

O R D E R

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

On April 6, 2004, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted under Article 37.071, TEX. CODE CRIM. PROC., and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Matthews v. State, No. AP-74,936 (Tex. Crim. App. June 28, 2006). This Court denied relief on Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Matthews, No. WR-75,919-01 (Tex. Crim. App. June 29, 2011). Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on November 20, 2013.  

The record reflects that Applicant is currently challenging his conviction in Cause No. 4:12-CV-1939, styled Damon Roshun Matthews v. William Stephens, in the United States District Court for the Southern District of Texas, Houston Division. The record also reflects that the federal district court has entered an order staying its proceedings for Applicant to return to state court to consider his current unexhausted claims. Therefore, this Court may exercise jurisdiction to consider this subsequent state application. See Ex parte Soffar,143 S.W.3d 804 (Tex. Crim. App. 2004).

Applicant presents two allegations in the instant application. We have reviewed the application and find that Applicant has failed to satisfy the requirements of Article 11.071, § 5(a). Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claims.   

IT IS SO ORDERED THIS THE 29^TH DAY OF JANUARY, 2014.

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