Turner, Ronnie ( 2019 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-63,583-28
    EX PARTE RONNIE TURNER, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. C-3-W011403-0941085-O
    IN CRIMINAL DISTRICT COURT NUMBER THREE
    FROM TARRANT COUNTY
    Per curiam.
    ORDER
    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 this application for a writ of habeas corpus. Ex parte
    Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated
    robbery and sentenced to forty-five years’ imprisonment. The Second Court of Appeals affirmed his
    conviction. Turner v. State, No. 02-05-00427-CR (Tex. App.—Fort Worth Oct. 5, 2006) (not
    designated for publication).
    Applicant contends, among other things, that he is actually innocent. This application,
    however, presents a more serious question. According to this Court’s records, Applicant has filed
    2
    at least five previous applications that have been dismissed under Article 11.07, § 4 of the Code of
    Criminal Procedure. 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. This application is dismissed.
    Therefore, we instruct the Clerk of the Court of Criminal Appeals not to accept any future
    application pertaining to this conviction unless Applicant is able to show in such an application that
    any claims presented have not been raised previously and that they could not have been presented
    in a previous application for a writ of habeas corpus. Ex parte Bilton, 
    602 S.W.2d 534
    (Tex. Crim.
    App. 1980).
    Copies of this order shall be sent to the Texas Department of Criminal Justice–Correctional
    Institutions Division and Pardons and Paroles Division.
    Filed: September 11, 2019
    Do not publish
    

Document Info

Docket Number: WR-63,583-28

Filed Date: 9/11/2019

Precedential Status: Precedential

Modified Date: 9/12/2019