Byrd, Edward Kyle

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,401-01
EX PARTE EDWARD KYLE BYRD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 15299-A IN THE 29TH DISTRICT COURT
FROM PALO PINTO COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty and was convicted
of aggravated kidnapping. He was sentenced to twenty-five years’ imprisonment, pursuant to a plea
bargain agreement.
In his present application, Applicant raises twelve grounds challenging his conviction. This
application, however, presents a more serious question. Applicant alleges that counsel failed to file
an appeal after he requested one. In support of his allegations, Applicant submitted a document
purporting to be a letter to counsel requesting an appeal.
2
In opposition, counsel filed an affidavit and attached a copy of the letter Applicant actually
sent to him, which did not include the request to file an appeal. The trial court has found that
Applicant has submitted a falsified document in support of his application and should be cited for
abuse of the writ.
The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 373 U.S. 1
(1963); Ex parte Carr, 511 S.W.2d 523 (Tex. Crim. App. 1974). We find that Applicant has abused
The Great Writ by submitting false evidence. We deny relief on this application and cite him for
abuse of the writ. By that abuse, Applicant has waived and abandoned any contention that he might
have in regard to the instant conviction, at least insofar as existing claims that he could have or
should have brought in the application. Ex parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003);
Middaugh v. State, 683 S.W.2d 713 (Tex. Crim. App. 1985); Ex parte Emmons, 660 S.W.2d 106
(Tex. Crim. App. 1983). Additionally, based on Applicant’s submission of false evidence, we find
that Applicant has filed a frivolous lawsuit.
Therefore, we instruct the Clerk of the Court of Criminal Appeals not to accept or file the
instant application for a writ of habeas corpus, or any future application pertaining to this conviction
unless Applicant is able to show in such an application that any claims presented have not been
raised previously and that they could not have been presented in a previous application for a writ of
habeas corpus. Ex parte Bilton, 602 S.W.2d 534 (Tex. Crim. App. 1980).
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Filed: October 3, 2018
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