Cobb, Richard Aaron ( 2013 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-68,192-03

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EX PARTE RICHARD AARON COBB

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ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS

FROM CAUSE NO. 15054 IN THE 2^ND JUDICIAL DISTRICT COURT

CHEROKEE COUNTY

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Per Curiam.   

O R D E R

This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.

In January 2004, 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. Cobb v. State, No. AP-74,875 (Tex. Crim. App. Jan. 31, 2007)(not designated for publication).

Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on May 11, 2006. This Court denied applicant relief. Ex parte Cobb, Nos. WR-68,192-01 and WR-68,192-02 (Tex. Crim. App. Dec. 5, 2007)(not designated for publication). Applicant filed his first subsequent writ application in the trial court on April 13, 2007. This Court dismissed that application in the same order. Id. Applicant filed this his second subsequent writ application in the trial court on April 17, 2013.

In his application, applicant asserts that the State violated his constitutional rights by presenting false and misleading testimony on a crucial issue. Applicant asserts that his claim meets the requirements of Article 11.071 § 5(a)(1) because Estrada v. State, 313 S.W.3d 274 (Tex. Crim. App. 2010), provides a new legal basis for his claim. He also asserts that his claim meets the requirements of Article 11.071 § 5(a)(3) because, by clear and convincing evidence, but for this constitutional violation, no rational juror would have answered in the State's favor one or more of the special issues. After reviewing the application, this Court has determined that applicant has failed to meet the dictates of Article 11.071, § 5. Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claim.

IT IS SO ORDERED THIS THE 19^th DAY OF APRIL, 2013.

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