Opinion
WR-84,064-02
02-21-2024
EX PARTE JAMES HARRIS JR., Applicant
Do Not Publish
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 67063-B IN THE 412TH JUDICIAL DISTRICT COURT BRAZORIA COUNTY.
ORDER
PER CURIAM.
This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5 and a motion to stay Applicant's execution.
Unless we indicate otherwise, all references to Articles in this order refer to the Code of Criminal Procedure.
In December 2013, Applicant was convicted of the offense of capital murder. See Tex. Penal Code Ann. § 19.03(a). The jury answered the special issues submitted pursuant to Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Harris v. State, No. AP-77,029 (Tex. Crim. App. Mar. 9, 2016) (not designated for publication). This Court denied relief on Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Harris, No. WR-84,064-01 (Tex. Crim. App. May 18, 2022). Applicant's instant post-conviction application for writ of habeas corpus was filed in the trial court on January 5, 2024.
In his application, Applicant alleges that the jury selection process used for his trial violated the Equal Protection Clause (Claim 1), the Due Process Clause (Claim 2), and the Sixth Amendment's requirement of an impartial jury (Claim 3). After reviewing the application, we have determined that Applicant's claims may meet the dictates of Article 11.071 § 5(a)(1), if the complained-of jury selection process was employed in Applicant's case. We therefore stay his execution and remand the application to the trial court to make findings of fact on this issue. If the trial court determines that the complained-of jury selection process was employed in Applicant's case, then the trial court shall proceed to a review of the claims' merits.
IT IS SO ORDERED.