DocketNumber： WR-78,135-01
Filed Date： 8/1/2012
Status： Precedential
Modified Date： 9/16/2015
In April 1999, a jury found applicant guilty of the offense of capital murder. The jury answered the statutory punishment questions in such a way that the trial court set applicant's punishment at death. On July 24, 2000, the State filed in this Court its brief on applicant's direct appeal. Pursuant to Article 11.071 §§ 4(a) and (b) (1), applicant's initial application for a writ of habeas corpus was due to be filed in the trial court on or before December 6, 2000, assuming a motion for extension was timely filed and granted.
On October 24, 2001, this Court affirmed applicant's conviction on appeal, but reversed applicant's sentence of death. See Thompson v. State, 93 S.W.3d 16 (Tex. Crim. App. 2001). On re-trial in March 2005, another jury answered the statutory punishment questions in such a way that the trial court set applicant's punishment at death. On February 12, 2007, the State filed in this Court its brief on applicant's direct appeal of his punishment re-trial. Pursuant to Article 11.071 §§ 4(a) and (b), applicant's initial application for writ of habeas corpus on his re-trial was due to be filed in the trial court on or before June 27, 2007, assuming a motion for extension was timely filed and granted.
It has now been several years since either application was due in the trial court. Accordingly, we order the trial court to resolve any remaining issues on both applications within 90 days from the date of this order. The clerk shall then transmit the complete writ records to this Court within 120 days from the date of this order. Any extensions of time shall be obtained from this Court.
IT IS SO ORDERED THIS THE 1ST DAY OF AUGUST, 2012.
Do Not Publish
1. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.