Davis, Eric Lamond ( 2013 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-75,018-02

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EX PARTE ERIC LAMOND DAVIS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 08CR-123 IN THE 349^TH DISTRICT COURT

FROM HOUSTON COUNTY

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            Per curiam.

O R D E R

            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 was convicted of murder and sentenced to life imprisonment.

            On February 6, 2013, this Court remanded this application to the trial court for findings of fact and conclusions of law addressing three of the six grounds for review raised by Applicant . On May 30, 2013, the trial court made findings of fact and conclusions of law that were based on the habeas application, affidavits filed by the trial prosecutor and trial counsel, findings of fact and conclusions of law entered in a previous habeas application challenging this conviction, a review of the trial court’s file, and personal observations and memory of the case. The trial court recommended that relief be denied.

            This Court has undertaken an independent review of all the evidence in the habeas record. We adopt the trial court's findings and conclusions of law, except for findings #42, #45, #69, #73 and #77, which are not supported by the habeas record. Based upon the trial court's findings and conclusions and our own review, we deny relief.

Filed: November 27, 2013

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