EX PARTE ROBERT LEE THOMPSON (other)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

NO. WR-61,379-02
EX PARTE ROBERT LEE THOMPSON
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
FROM CAUSE NO. 740416-B IN THE 351ST JUDICIAL DISTRICT COURT 
HARRIS COUNTY 
Per Curiam. 
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.

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 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Thompson v. State, No. AP-73,128 (Tex. Crim. App. June 25, 2003)(not designated for publication). Applicant filed his initial post-conviction application for writ of habeas corpus in the trial court on July 13, 2000. We filed and set the case and ultimately denied relief. Ex parte Thompson, 179 S.W.3d 549 (Tex Crim. App. 2005). Applicant's subsequent application was filed in the trial court on June 16, 2009.

Applicant presents a single allegation in his application in which he asserts that he was denied effective assistance of counsel because trial counsel failed to investigate and present mitigating evidence. We have reviewed the application and find that his allegation fails to satisfy the requirements of Article 11.071 5. Accordingly, applicant's application is dismissed.

IT IS SO ORDERED THIS THE 16TH DAY OF SEPTEMBER, 2009.

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