Florence, Thomas Wayne
WR-63,775-16
| Tex. App. | Jun 16, 2015Background
- Petitioner Tommy Lee Dora was convicted of burglary in Dallas County (1970) and received a mandatory life sentence after the conviction was enhanced by a prior Lubbock County burglary conviction.
- Dora’s direct appeal of the Dallas conviction was affirmed (Dora v. State).
- Dora filed multiple postconviction habeas corpus applications challenging the validity of the 1962 Lubbock conviction used for enhancement.
- The Lubbock District Court denied a subsequent (second) habeas application on the ground it raised no new issues and repeated prior claims.
- The Texas Court of Criminal Appeals reviewed the trial court’s submission under Art. 11.07 and dismissed Dora’s application with prejudice for abuse of the writ, refusing to accept further postconviction applications from him absent a showing of good cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should file/consider a second habeas application that raises the same grounds as prior applications | Dora argued the prior-conviction challenge warranted review | State argued the application raised no new grounds and constituted abuse of the writ | Court held the application raised no new issues and dismissed it with prejudice for abuse of the writ |
| Whether petitioner must show "good cause" to refile an already-raised claim | Dora offered no new showing of good cause to refile | State maintained that without good cause the petition need not be filed or considered | Court required a showing of good cause; none was shown, so petition dismissed |
| Duty of trial court/transcript forwarding on abuse findings | Dora implicitly challenged procedural handling | State noted trial court should still review and make findings of abuse, then forward transcript | Court endorsed trial-court review and forwarding of transcript under Art. 11.07 and refused further filings absent good cause |
Key Cases Cited
- Ex parte Tommy Lee Dora, 548 S.W.2d 393 (Tex. Crim. App. 1977) (dismissal with prejudice for abuse of the writ)
- Dora v. State, 477 S.W.2d 20 (Tex. Crim. App. 1972) (direct appeal affirming conviction)
- Ex parte Can, 511 S.W.2d 623 (Tex. Crim. App. 1974) (abuse-of-writ doctrine applied to successive habeas applications)
- Sanders v. United States, 373 U.S. 1 (U.S. 1963) (discussing finality and collateral review principles)