EX PARTE RICHARD ALLEN MASTERSON v. <<

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Court of Criminal Appeals of Texas.

EX PARTE RICHARD ALLEN MASTERSON, Applicant

NO. WR-59,481-06

Decided: January 01, 2016

Per curiam. ALCALA, J., filed a concurring statement.

ORDER

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

On December 29, 2015, applicant filed in the trial court his second subsequent application for a writ of habeas corpus and a motion to stay his execution. This Court dismissed the writ application and denied the motion for a stay. Ex parte Masterson, No. WR-59,481-03 (Tex. Crim. App. Jan. 11, 2016)(not designated for publication). On January 12, 2016, applicant filed in this Court two applications for writs of prohibition. A few days later, the Court denied applicant leave to file both applications. In re Masterson, Nos. WR-59,481-04 and WR-59,481-05 (Tex. Crim. App. Jan. 15, 2016)(not designated for publication).

On January 19, 2016, applicant filed in this Court an application for an original writ of habeas corpus and a motion to stay his execution. After reviewing applicant's pleading, we deny leave to file his application, and we deny the motion to stay the execution.