Jackson, Derrick Leon ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-60,124-02

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EX PARTE DERRICK LEON JACKSON

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ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION FROM CAUSE NO. 748752-B

IN THE 230^TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

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Per Curiam. Keller, p.j., not participating.

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 March 1998, 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 37.0711, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Jackson v. State, 17 S.W.3d 664 (Tex. Crim. App. 2000).

In January 2000, applicant filed in the trial court his initial post-conviction application for writ of habeas corpus. This Court denied applicant relief. Ex parte Jackson, No. WR-60,124-01 (Tex Crim. App. Dec. 1, 2004)(not designated for publication). Applicant filed this his first subsequent application in the trial court on July 16, 2010.

Applicant presents two allegations in his application. In the first, he asserts that the State failed to disclose material, exculpatory evidence, and in the second, he asserts that his execution would violate the Eighth and Fourteenth Amendments because he is mentally retarded. We have reviewed the application and find that applicant has failed to make a prima facie showing of either claim. Thus, applicant's claims fail to meet the dictates of Article 11.071, § 5. Accordingly, we dismiss his application and deny his motion to stay his execution.

IT IS SO ORDERED THIS THE 19^TH DAY OF JULY, 2010.

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