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 2012-03

Miller, Terry Louis ( 2012 )


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  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS



    NOS. WR-37,856-16 and 17

    EX PARTE TERRY LOUIS MILLER, Applicant


    ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

    CAUSE NOS. 30,298-A-H-7 and 30,600-A-H-7 IN THE 188th DISTRICT COURT

    FROM GREGG COUNTY

       Per curiam.



    O R D E R
      



    Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and possession of a firearm by a felon and he was sentenced to, respectively, forty years' and ten years' imprisonment.

    In both of these applications, Applicant raises five grounds for challenging each conviction. These applications, however, present a more serious question. This Court's records reflect that Applicant has filed six prior applications challenging each of these convictions. It is obvious from the record that Applicant continues to raise issues that have been presented and rejected in previous applications or that should have been presented in previous applications. The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 373 U.S. 1 (1963); Ex parte Carr, 511 S.W.2d 523 (Tex. Crim. App. 1974). Because of his repetitive claims, we hold that Applicant's claims are barred from review under Article 11.07, § 4, and are waived and abandoned by his abuse of the writ. These applications are dismissed.

    Therefore, we instruct the Honorable Louise Pearson, Clerk of the Court of Criminal Appeals, not to accept or file the instant applications for a writ of habeas corpus, or any future applications attacking these convictions unless Applicant is able to show in such applications that any claims presented have not been raised previously and that they could not have been presented in previous applications for a writ of habeas corpus. Ex parte Bilton, 602 S.W.2d 534 (Tex. Crim. App. 1980).

         A copy of this order shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.  





        Filed: March 7, 2012

    Do Not Publish