EX PARTE EDGAR ARIAS TAMAYO (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-55,690-03

EX PARTE EDGAR ARIAS TAMAYO

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 9422714 IN THE 209TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per Curiam.

O R D E R

This is an application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

In November 1994, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed. Tamayo v. State, AP-72,033 (Tex. Crim. App. Dec. 11, 1996)(not designated for publication). The Court denied applicant relief on the three claims he raised in his initial writ application. Ex parte Tamayo, No. WR-55,690-01 (Tex. Crim. App. June 11, 2003)(not designated for publication). In reviewing his first subsequent application, we found that applicant failed to meet the requirements of Article 11.071 § 5 and dismissed the application. Ex parte Tamayo, No. WR-55,690-02 (Tex. Crim. App. Sept. 10, 2003)(not designated for publication).

On June 17, 2008, this Court received applicant's second subsequent application in which he asserted that his rights under the Vienna Convention were violated. This Court reviewed applicant's second subsequent application under Article 11.071 § 5 and concluded that it failed to meet one of the exceptions provided for in the statute. Applicant's second subsequent application is dismissed. See Ex parte Medellin, 223 S.W.3d 315 (Tex. Crim. App. 2006).

IT IS SO ORDERED THIS THE 2ND DAY OF JULY, 2008.

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