EX PARTE MICHAEL WAYNE NORRIS (other)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

WR-72,835-01
EX PARTE MICHAEL WAYNE NORRIS

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 462899 IN THE 351st DISTRICT COURT

HARRIS COUNTY

Per Curiam. WOMACK, J., filed a dissenting opinion in which PRICE and HOLCOMB, JJ., joined.
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.

Applicant was convicted of the offense of capital murder in June 1987. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Norris v. State, 902 S.W.2d 428 (Tex. Crim. App. 1995).

Applicant's initial post-conviction application for writ of habeas corpus is pending in the trial court. Applicant's instant post-conviction application for writ of habeas corpus was received in this Court on October 5, 2009.

Applicant presents one allegation in which he challenges the validity of his conviction and resulting sentence. We have reviewed the application and find that the allegation fails to satisfy the requirements of Article 11.071, 5(a). Accordingly, the application is dismissed as an abuse of the writ. Tex. Code Crim. Proc. Art. 11.071, 5(c).

IT IS SO ORDERED THIS THE 4TH DAY OF NOVEMBER, 2009.

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