IN THE COURT OF
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.
Applicant was convicted of capital murder on August 21, 1992. We affirmed the judgement and sentence on March 22, 1995. Applicant's original application for writ of habeas corpus, filed with the trial court on December 11, 1996, was considered by this Court and relief denied on October 31, 1997. Applicant has filed a subsequent application under the provisions of Texas Code of Criminal Procedure, Article 11.071, § 5, asserting that he has newly discovered evidence of actual innocence.
We have reviewed the subsequent application for habeas relief and find that it does not meet the requirements for consideration under Texas Code of Criminal Procedure, Article 11.071, § 5 as a claim of newly discovered evidence of actual innocence.
Applicant's subsequent application for habeas corpus is DISMISSED as an abuse of the writ and his motion for stay of execution is DENIED.
IT IS SO ORDERED THIS THE 17TH DAY OF FEBRUARY, 2004.