Ex parte Preyor

Newell, J.,

filed a concurring opinion in which Hervey and Richardson, JJ., joined.

I join the Court’s order dismissing Applicant’s third subsequent writ. I write separately to note that Applicant' is not arguing that this is actually his first state-court writ because his initial state-court writ counsel did not file a proper “application.” See Ex parte Medina, 361 S.W.3d 633, 641 (Tex. Crim. App. 2011). State habeas counsel filed á proper application that alleged specific facts supporting that application. At the evidentiary hearing, it was Applicant who instructed writ counsel not to present…