Opinion
WR-78,119-02
10-05-2016
EX PARTE ELIJAH DWAYNE JOUBERT
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 944756-B IN THE 351 DISTRICT COURT HARRIS COUNTY Per curiam. ORDER
In October 2004, Applicant was convicted of the offense of capital murder. The jury answered the special issues submitted under Article 37.071, TEX. CODE CRIM. PROC., and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Joubert v. State, 235 S.W.3d 729 (Tex. Crim. App. 2007). This Court denied relief on Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Joubert, No. WR-78,119-01 (Tex. Crim. App. September 25, 2013). Applicant's instant post-conviction application for writ of habeas corpus, Ex parte Joubert, No. WR-78,119-02, was received in this Court on June 23, 2016.
The record reflects that Applicant challenged his conviction in Cause No. 4:13-cv-03002, styled Elijah Dwayne Joubert v. William Stephens, in the United States District Court for the Southern District of Texas, Houston Division. On October 15, 2015, the federal district court entered an order staying its proceedings for Applicant to return to state court to present his claims.
Applicant presents nine allegations in the instant application. We have reviewed the application and find that Claims One and Two satisfy the requirements of Texas Code of Criminal Procedure Article 11.071, § 5(a). Accordingly, we find that the requirements for consideration of a subsequent application have been met and the cause is remanded to the trial court for consideration of Claims One and Two.
IT IS SO ORDERED THIS THE 5 DAY OF OCTOBER, 2016. Do Not Publish