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,- _) Ex parte Tommy Lee DORA COURT OF CRIMINAL APPEALS OF TEXAS 548 S.W.2d 392; 1977 Tex. Crim. App. LEXIS 1217 No. 3802 February 16, 1977

Counsel Arthur 

### R. Howard. Lubbock. for appellant. Alton R. Griffin. Dist.Atty

.. and John Terrell. Asst.Dist.Atty

.. Lubbock, Jim D. Vollers. State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State. Judges: Roberts. Judge. CASE SUMMARY

PROCEDURAL POSTURE: Petitioner challenged the decision of the District Court of Lubbock County (Texas), which denied his second application for writ of habeas corpus because no new issues were raised.Application for writ of habeas corpus was dismissed with prejudice because petitioner had made no effort to allege any new issues that had not been raised in a previous application.

OVERVIEW: Petitioner was convicted of robbery and given an enhanced sentence based on a prior conviction. Petitioner's application for a writ of habeas corpus regarding the validity of the prior conviction was denied because it raised no new grounds and raised the same questions that were raised in a previous application. Petitioner sought review and the court affirmed. The court found that petitioner made no effort to allege that the instant allegations were not ones that had been raised, or could have been raised, in any earlier proceeding. The court dismissed the application with prejudice because petitioner had not attempted to make a showing of good cause for allowing are-filing of the application.
OUTCOME: The court dismissed petitioner's second application for writ of habeas corpus with prejudice. The court agreed with the trial court that no new issues were raised which warranted further consideration.

LexisNexis Head notes 

### Criminal Law & 

### Procedure 

### > Habeas Corpus 

### > Review 

### > Standards of Review> General Overview Where a petitioner has been previously cited for an abuse of the writ of habeas corpus, the trial court should not thereafter consider the merits of any application for writ oi habeas corpus filed by that petitioner. The trial court should, however, review the application and make findings that this petitioner has

_ abused the writ in the past, thus making the review procedure of the appeals court more efficient.
Opinion Opinion by: ROBERTS


### 3txcases
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{548 S.W.2d 393) This is an application for writ of habeas corpus which was submitted to this Court by the trial court, pursuant to the.provisions of 

### Art. 11.07, VAC.C.P.

.. Petitioner was convicted for the offense of burglary, enhanced under Art. 63, VAP.C., in the Criminal District Court of Dallas County and assessed thii mandatory liie sente'nce in ihe penitentiary on December 4, 1970. Petitioner's direct appeal from this Dallas conviction was affirmed. See Dora v. 

### State, 477- S.W2d 20 (Tex.Cr.App_ 1972). Peffi[oner filed an:application}or writ of

### tiatlea~ corp'us in the District

### Co~rt of Lubbock

### ~ounty, complaining.of the validity of a 1962_Lubbock.County convictio_n for burglary, which Y'as su.bsequently used for enhancement in the above-mentioned Dallas County case. The trial court denied the application for writ of habeas corpus, finding that this application for writ of habeas corpus relief "raises no new grounds and raises the same questions raised in the first application for writ of habeas corpus" which was previously denied on February 7, 197 4. From a review of petitioner's writ filed in this Court, it is to be noted that this Court entered a per curiam order on July B, 1975, in which we held: "Under the circumstances presented in this case, we are of the opinion that petitioner has abused the habeas corpus process by continually raising the same claims, over and over again, in his postconviction writs. We hold that petitioner's contention has thus been waived and abandoned by his abuse of the writ of habeas corpus. See 

### Ex parte·Can, 511 S.W.2d 623 [523] (Tex.Cr.App. 1974), and 

### Sanders v. 

### United States, 373 U.S. 1, B3 S. Ct.'106B [10 LEd. 2d 14.8] (1963), and cases cited therein."Therefore, in view of this holding, 

### we hereby refuse to accept or file petitioner's {548 S. W.2d 394} instant application for writ of habeas corpus, and the clerk of this Court is 

### hereby ordered not to accept in the future any poSt-conviction application for writ ol 

### habeas corpus from this petitioner until it is first shown that such contention was not one that has been raised, or could have been raised, in any earlier proceeding. Until such showing is made, petitioner's contention is not entitled to consideration." (Emphasis supplied) In the instant case, the trial court has found that "no new issues" were raised which warranted further consideration of this second petition. We agree. Petitioner has made no effort to allege that the instant allegations were not ones that had been raised, or could have been raised, in any earlier · proceeding. Absent such a showing of good cause for permitting the filing of such application, we decline to file this application, or consider the merits of same.

Where a petitioner has been previously cited for an "abuse of the Great Writ," the trial court should not thereafter consider the 

### merits of any application for writ of habeas corpus filed by that petitioner. The trial court should, however, review the application and make findings that this petitioner has abused


### 3txcases
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the writ in the pasT. thus making the review procedure of this Court more efficient. The. transcript should be forwarded to this <::our!. just as in all other cases. pursuant to our automatic review jurisdiction. See 

### Art. 11.07"·Sec. 2{a), supra. The writ transcript should, of course, be forwarded to this Court within fifteen·aays of-thE'! trial court's order. See 

### Art. 11.07, Sec. 2(c), supra. 

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Uoon.receipt of the writ

## tra~'script from t!le trial court, this Court'shaUreview the petitione(s.alle1)Btions• 

### e Tor aliowmQareJllmoJ>llbe 

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### .¥stated .facts. which, I**Jnie~·would.entitle'him:to·reliefj-':·then]hTsCourt wlii.order.the.petitlon·flied[ana;conside_\~~'!;:.** **~** 

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### if the factual allegations concerning good cause are clearly without merit upon their face, then the petition shall not be

### fil~d or ,Cfi_nsipered henceforth by this Court. 1 In the case at bar, the petitioner,.not having attempted to make a showing of "good cause" for allowing are-filing of this application.;the ap'plication is ordered dismissed with prejudice. No further applications will be entertained. ..,.



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