EX PARTE FRANK MOORE (Concurring Statement)
Annotate this CaseOF TEXAS
NO. WR-40,046-04
EX PARTE FRANK MOORE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION FROM CAUSE NO. 1994-CR-2047
IN THE 226TH DISTRICT COURT
BEXAR COUNTY
Keasler, J., filed a concurring statement in which Price, J., joins.CONCURRING STATEMENT
I join the Court's order dismissing Moore's subsequent application for a writ of habeas corpus and denying Moore's motion for a stay. I choose to write separately to point out that a dismissal as an abuse of the writ under Article 11.071, Section 5 is appropriate because Moore has not made a prima facie showing (1) that he is actually innocent under the standard announced in Ex parte Elizondo. (2)
DATE DELIVERED: December 18, 2008
DO NOT PUBLISH
1. See Ex parte Brooks, 219 S.W.3d 396, 400 (Tex. Crim. App. 2007); Ex parte Briseno, 135 S.W.3d 1, 3 (Tex. Crim. App. 2004).
2. 947 S.W.2d 202 (Tex. Crim. App. 1996).
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