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EX PARTE HOOD

No. AP-75370.

211 S.W.3d 767 (2007)

Ex parte Charles Dean HOOD, Applicant.

Court of Criminal Appeals of Texas.

January 10, 2007.

Attorney(s) appearing for the Case

A. Richard Ellis, Mill Valley, CA, Gregory W. Wiercioch, San Francisco, CA, for Appellant.

Jeffrey Garon, Asst. Crim. D.A., McKinney, Matthew Paul, State's Attorney, Austin, for State.

KELLER, P.J., delivered the opinion of the Court in which MEYERS, PRICE, KEASLER, and HERVEY, JJ., joined.

This is applicant's third habeas application, and the claim he presents now was presented in neither of the first two applications. One of the questions before us is whether we are barred from considering the merits of this application under statutory subsequent application provisions. We conclude that we are barred from considering the merits because the legal bases upon which applicant relies were available at the time he filed his second application.

I. BACKGROUND...

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