Brooks, Vincent Scott

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-63,573-03
EX PARTE VINCENT SCOTT BROOKS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 02-335-K277 C IN THE 277TH DISTRICT COURT
FROM WILLIAMSON COUNTY
Per curiam.
ORDER
Applicant was convicted of burglary of a habitation and aggravated assault and was sentenced
to imprisonment. 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.
Applicant contends, among other things, that he is actually innocent. He has filed a
document with his application purporting to be an affidavit from the victim recanting her trial
testimony. The trial court finds that the evidence is fabricated, stating as follows:
[I]t is apparent that Applicant and his relatives conspired to produce and submit to
this court a false affidavit. [The authentic] affidavit this court has received from [the
victim] herself makes clear that Applicant did commit the offense for which he was
convicted and that he is not actually innocent. . . . [A]ll of Applicant’s claims are
barred as contained in a subsequent writ application without an exception. [Further,]
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[t]his type of deception and abuse of the writ process must not be encouraged,
facilitated, perpetuated, or tacitly ignored. Therefore, this court concludes that this
subsequent Application for Writ of Habeas Corpus containing false assertions and
a fraudulent affidavit should constitute an abuse of the writ process, and his
application should be dismissed.
We agree and 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: January 12, 2022
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