Berkley, William Josef

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-63,079-02

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EX PARTE WILLIAM BERKLEY

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ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION FROM CAUSE NO. 20000D5705-243-2 IN THE 243^RD JUDICIAL DISTRICT COURT

EL PASO COUNTY

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Per Curiam. cochran, j., filed a concurring statement in 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, and a motion for a stay of execution.

In April 2002, 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. Berkley v. State, No. AP-74,336 (Tex. Crim. App. Apr. 6, 2005)(not designated for publication). In December 2004, applicant filed in the convicting court an initial application for habeas corpus. This Court denied habeas relief. Ex parte Berkley, No. WR-63,079-01 (Tex. Crim. App. Mar. 8, 2006)(not designated for publication). Applicant's subsequent application was filed in the convicting court on April 12, 2010.

Applicant presents a single allegation in his application in which he complains about the admission of Comparative Bullet Lead Analysis evidence. We have reviewed the application, and we find that the allegation fails to satisfy the requirements of Article 11.071, § 5. Accordingly, the application is dismissed, and applicant's motion for stay of execution is denied.

IT IS SO ORDERED THIS THE 16^TH DAY OF APRIL, 2010.

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