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EX PARTE WILLIE TYRONE TROTTIE

Per curiam

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS FROM CAUSE NO. 663689-B IN THE 262JUDICIAL DISTRICT COURT HARRIS COUNTY Per curiam. ORDER

This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.

In November 1993, 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. Trottie v. State, No. AP-71,793 (Tex. Crim. App. Sept. 20, 1995)(not designated for publication). Applicant filed his initial post-conviction application for a writ of habeas corpus in the convicting court on August 18, 1997. This Court denied applicant relief. Ex parte Trottie, No. WR-70,302-01 (Tex Crim. App. Feb. 11, 2009)(not designated for publication). Applicant filed this his first subsequent application in the trial court on August 28, 2014.

In this application, applicant claims that the prosecution failed to disclose Brady evidence to the defense. See Brady v. Maryland, 373 U.S. 83 (1963). We have reviewed the application and find that the allegation does not satisfy the requirements of Article 11.071 § 5. Accordingly, the application is dismissed as an abuse of the writ. Art. 11.071 § 5(c).

IT IS SO ORDERED THIS THE 4 DAY OF SEPTEMBER, 2014. Do Not Publish

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Ex parte Trottie
(Sep 4, 2014)