EX PARTE FELIX ROCHA (other)
Annotate this CaseIN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-52,515-04
EX PARTE FELIX ROCHA
ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE
NO. 721569-C IN THE 338TH JUDICIAL DISTRICT COURT
HARRIS COUNTY
Per Curiam.
O R D E R
This is a subsequent application for a writ of habeas corpus filed pursuant Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant presents a claim of ineffective assistance of counsel for failing to investigate, discover, and present significant mitigation evidence at his trial. He also asserts that the application meets the requirements of Article 11.071, Section 5(a)(3), and should therefore not be dismissed as an abuse of the writ but be considered by this Court.
In November 1998, a jury convicted applicant 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 punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Rocha v. State, 16 S.W.3d 1 (Tex. Crim. App. 2000). On July 11, 2000, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Rocha, No. 52,515-01 (Tex. Crim. App. Sept. 11, 2002). Applicant filed his first subsequent application for a writ of habeas corpus on December 13, 2000, and this Court dismissed the application as an abuse of the writ. Ex parte Rocha, No. 52,515-02 (Tex. Crim. App. Sept. 11, 2002). A second subsequent application was filed with the convicting court on March 24, 2005, and it was also dismissed by this Court as an abuse of the writ. Ex parte Rocha, No. 52,515-03 (Tex. Crim. App. March 7, 2007).
We have reviewed the application and find that the allegations do not satisfy the requirements of Article 11.071, Section 5 (a)(3). Therefore, we dismiss this application as an abuse of the writ.
IT IS SO ORDERED THIS THE 17TH DAY OF DECEMBER, 2008.
Do Not Publish
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
