Hunter, Joseph Wayne ( 2022 )


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  •             IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-83,490-18
    EX PARTE JOSEPH WAYNE HUNTER, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. W13-56295-R(N) IN THE 265TH DISTRICT COURT
    FROM DALLAS COUNTY
    Per curiam.
    ORDER
    Applicant was convicted of aggravated assault causing serious bodily injury with a deadly
    weapon-family violence, and sentenced to 25 years’ imprisonment. The Fifth Court of Appeals
    affirmed his conviction. Hunter v. State, No. 05-14-01146-CR (Tex. App.–Dallas, March 21, 2016).
    Applicant filed this application for a writ of habeas corpus in the county of conviction, and the
    district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
    We have previously dismissed five subsequent applications in this cause. See TEX . CODE
    CRIM . PROC. art. 11.07, § 4. It is obvious from the record that Applicant continues to raise grounds
    that were previously rejected on the merits or that should have been raised in previous applications.
    2
    We hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex parte Jones, 
    97 S.W.3d 586
     (Tex. Crim. App. 2003); TEX . GOV ’T CODE § 498.0045(a-1). Should Applicant file
    future habeas applications in this cause, we will not consider the merits of his applications unless
    he shows that the factual or legal basis of his grounds was unavailable in a previously filed
    application. This application is dismissed.
    Copies of this order shall be sent to the Texas Department of Criminal Justice–Correctional
    Institutions Division and the Board of Pardons and Paroles.
    Filed: October 19, 2022
    Do not publish
    

Document Info

Docket Number: WR-83,490-18

Filed Date: 10/19/2022

Precedential Status: Precedential

Modified Date: 10/24/2022