Johnson, Jimmy Charles ( 2022 )


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  •             IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-40,336-10
    EX PARTE JIMMY CHARLES JOHNSON, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. W95-72894-V(G) IN THE 292ND DISTRICT COURT
    FROM DALLAS COUNTY
    Per curiam.
    ORDER
    Applicant was convicted of murder and sentenced to life imprisonment. The Fifth Court of
    Appeals affirmed his conviction. Johnson v. State, No. 05-95-01249-CR (Tex. App.— Dallas, July
    15, 1997). 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.
    We hold that Applicant has abused the writ and filed a frivolous lawsuit. See Ex parte Jones, 97
    
    2 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: December 14, 2022
    Do not publish
    

Document Info

Docket Number: WR-40,336-10

Filed Date: 12/14/2022

Precedential Status: Precedential

Modified Date: 12/19/2022