Ex parte Masterson

Per curiam.

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION TO STAY THE EXECUTION IN CAUSE NO. 867834 IN THE 176 JUDICIAL DISTRICT COURT HARRIS COUNTY Per curiam. ALCALA, J., would stay the execution. 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, and a motion to stay applicant's execution.

In April 2002, 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. Masterson v. State, 155 S.W.3d 167 (Tex. Crim. App. 2005). This Court denied relief on applicant's initial post-conviction application for a writ of habeas corpus, and it later dismissed applicant's first subsequent writ application. Ex parte Masterson, No. WR-59,481-01 (Tex. Crim. App. Aug. 20, 2008)(not designated for publication) and Ex parte Masterson, No. WR-59,481-02 (Tex. Crim. App. Dec. 19, 2012)(not designated for publication).

On December 29, 2015, counsel filed in the trial court this second subsequent application for a writ of habeas corpus, in which he raises six claims. After reviewing applicant's subsequent application, we find that he has failed to satisfy the requirements of Article 11.071 § 5. Accordingly, the application is dismissed as an abuse of the writ without reviewing the merits of the claims, and the motion to stay the execution is denied. Art. 11.071 § 5(c).

IT IS SO ORDERED THIS THE 11 DAY OF JANUARY, 2016. Do Not Publish