Morris, Kenneth Wayne

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-43,550-03

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EX PARTE KENNETH MORRIS

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ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION FROM CAUSE NO. 597997 IN THE 339^TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

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Per Curiam. Price, J., filed a dissenting statement which Womack, J., joined.   

O R D E R

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.

In December 1993, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Morris v. State, 940 S.W.2d 610 (Tex. Crim. App. 1996). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on March 26, 1998. This Court denied relief. Ex parte Morris, No. WR-43,550-01 (Tex. Crim. App. Jan. 12, 2000)(not designated for publication). Applicant filed his first subsequent application in the trial court on April 10, 2003. This Court dismissed the application. Ex parte Morris, No. WR-43,550-02 (Tex Crim. App. Apr. 14, 2003)(not designated for publication). Applicant's second subsequent application was filed in the trial court on March 2, 2009.

Applicant presents four allegations in his application in which he claims that the decision to seek the death penalty in his case was based on race. We have reviewed the application and find that applicant has failed to make a prima facie case of discrimination. Thus, applicant has failed to meet the dictates of Article 11.071, § 5. Accordingly, we dismiss his application. Applicant's motion for stay of execution is denied.

IT IS SO ORDERED THIS THE 4^TH DAY OF MARCH, 2009.

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