EX PARTE DANIELLE SIMPSON (other)

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION

FROM CAUSE NO. 25200 IN THE 3RD JUDICIAL DISTRICT COURT

ANDERSON COUNTY

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, 5.

In November 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. Simpson v. State, 119 S.W.3d 262 (Tex. Crim. App. 2003). Applicant filed his initial post-conviction application for writ of habeas corpus in the trial court on December 3, 2002. This Court denied relief. Ex parte Simpson, 136 S.W.3d 660 (Tex. Crim. App. 2004). Applicant's subsequent application was filed in the trial court on November 17, 2009.

Applicant presents a single allegation in his application. We have reviewed the application and find that applicant's allegation fails to satisfy the requirements of Article 11.071 5. Accordingly, the application is dismissed, and applicant's motion to stay his execution is denied. Applicant has also filed a motion to recuse the Presiding Judge. That motion is dismissed as moot.

IT IS SO ORDERED THIS THE 18TH DAY OF NOVEMBER, 2009.

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