Florence, Thomas Wayne
WR-63,775-08
| Tex. App. | Jun 16, 2015Background
- Petitioner was convicted of burglary in Dallas County and sentenced to life imprisonment as an enhancement under Art. 63, V.A.P.C.
- Direct appeal from the Dallas conviction was affirmed in Dora v. State, 477 S.W.2d 20 (Tex.Cr.App. 1972).
- Petitioner filed a second application for writ of habeas corpus in the Texas district court of Lubbock County raising a validity challenge to a 1962 Lubbock County burglary conviction used for enhancement.
- The district court denied the State’s application for writ of habeas corpus examining only the present challenge.
- The Texas Court of Criminal Appeals previously dismissed a prior application, finding no new grounds and abuse of the writ.
- In the instant proceeding, the court held there were no new issues and petitioner failed to show good cause to file a re-petition, so the petition was dismissed with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner abused the writ of habeas corpus | Dora argues abuse not established; seeks merits review. | State contends prior abuse bars consideration of second petition. | Abuse established; petition dismissed with prejudice. |
| Whether there were new issues warranting consideration | There were new grounds to challenge the prior conviction. | No new issues were raised in the instant petition. | No new issues were raised; review denied. |
| Whether good cause existed to permit a re-filing | Petitioner should be allowed to proceed due to potential merit. | No good cause shown for re-filing after abuse finding. | No good cause shown; petition dismissed with prejudice. |
| Effect of prior abuse on postconviction review process | Ample grounds exist for merits consideration despite prior petitions. | Writs filed after abuse should not be entertained; efficiency concerns. | Court may review for good cause but declines merits; abuse precludes filing. |
Key Cases Cited
- Ex parte Can, 511 S.W.2d 623 (Tex.Cr.App. 1977) (abuse of the writ; dismissals when no new issues or good cause)
- Sanders v. United States, 373 U.S. 1 (U.S. Supreme Court 1963) (scope and limits of postconviction relief and need for good cause)
- Ex parte Dora, 548 S.W.2d 393 (Tex.Cr.App. 1977) (abuse of the writ doctrine; dismissal with prejudice for repetitive filings)