Howard, Jamaal ( 2012 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-77,906-01

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EX PARTE JAMAAL HOWARD

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 15114-A IN THE 356^TH DISTRICT COURT OF HARDIN COUNTY

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Per Curiam. ORDER

This is an application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc.

In April 2001, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to 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. Howard v. State, 153 S.W.3d 382 (Tex. Crim. App. 2004).  

Applicant presents twenty-one allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial court did not hold an evidentiary hearing. The trial court adopted the State's proposed findings of fact and conclusions of law recommending that the relief sought be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We adopt the trial judge's findings and conclusions. Additionally, we note that grounds for relief six, nine through fifteen, and seventeen are also procedurally barred because they could have been raised on direct appeal. ⁽¹⁾ Therefore, based upon the trial court's findings and conclusions and our own review, we deny relief.

IT IS SO ORDERED THIS THE 12^th DAY OF DECEMBER, 2012.

Do Not Publish

1. Ex parte Banks, 769 S.W.2d 539, 540 (Tex. Crim. App. 1989).