DocketNumber： WR-69,454-02
Filed Date： 1/11/2012
Status： Precedential
Modified Date： 9/16/2015
This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.
Applicant was convicted of capital murder in February 2003. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court sentenced applicant to death. This Court affirmed applicant's conviction and sentence on direct appeal. Shuffield v. State, 189 S.W.3d 782 (Tex. Crim. App. 2006). On November 24, 2004, Applicant filed his initial post-conviction application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Shuffield, No. WR-69,454-01 (Tex. Crim. App. April 30, 2008) (not designated for publication).
Applicant then filed a habeas petition in the United States District Court for the Eastern District of Texas. See Shuffield v. Thaler, No. 6:08-cv-180 (U.S. Dist. - Tyler May 8, 2008) (not designated for publication). In August 2010, he moved to stay the federal habeas proceedings in order to present a new claim in state court. Docket No. 44. The federal district court granted the motion. Docket No. 47.
Applicant presents one allegation. We have reviewed the application and find that the allegation satisfies the requirements of Texas Code of Criminal Procedure Article 11.071, Sec. 5(a). Accordingly, we find that the requirements for consideration of a subsequent application have been met and the cause is remanded to the trial court for consideration of the allegation.
IT IS SO ORDERED THIS THE 11TH DAY OF JANUARY, 2012.
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