Butler, Steven Anthony ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-41,121-03
EX PARTE STEVEN ANTHONY BUTLER, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS IN
CAUSE NO. 511112-C IN THE 185 TH JUDICIAL DISTRICT COURT
HARRIS COUNTY
Per curiam.
ORDER
In May 1988, a jury found Applicant guilty of the offense of capital murder. See
T EX. P ENAL C ODE § 19.03(a). Based on the jury’s answers to the statutory punishment
questions set out in Texas Code of Criminal Procedure Article 37.071, the trial court
sentenced Applicant to death.1 This Court affirmed Applicant’s conviction and sentence
on direct appeal. Butler v. State, 872 S.W.2d 227 (Tex. Crim. App. 1994). We denied
relief on Applicant’s initial post-conviction application for a writ of habeas corpus. Ex
1
Unless otherwise indicated, all references in this order to Articles refer to the Texas
Code of Criminal Procedure.
Butler - 2
parte Butler, No. WR-41,121-01 (Tex. Crim. App. Apr. 28, 1999) (not designated for
publication). We also ultimately denied relief on Applicant’s first subsequent application
for a writ of habeas corpus. Ex parte Butler, No. WR-41,121-02 (Tex. Crim. App. June
27, 2012) (not designated for publication).
On August 29, 2018, Applicant filed in the trial court his second subsequent
application for a writ of habeas corpus. After reviewing the application, this Court
determined that the claim raised met the dictates of Article 11.071 § 5, and we remanded
the application to the trial court for a review on the merits. Ex parte Butler, No. WR-
41,121-03 (Tex. Crim. App. Sept. 18, 2019) (not designated for publication).
It has been more than a year since we remanded the application to the trial court.
Accordingly, we order the trial court to resolve any remaining issues in the case within
180 days from the date of this order. The clerk shall then immediately transmit the
complete writ record to this Court. Any extensions of time shall be requested by the trial
judge, or on his or her behalf, and obtained from this Court.
IT IS SO ORDERED THIS THE 13TH DAY OF JANUARY, 2021.
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