Ex Parte Kerr

ORDER

COCHRAN, J.,

delivered 'the order of the Court,

joined by MEYERS, PRICE, WOMACK, and HOLCOMB, JJ.

In this “subsequent” application for a writ of habeas corpus in a death penalty case, Mr. Kerr contends that his current writ is not procedurally barred by Section 5 of article 11.071,1 which generally prohibits the consideration of subsequent writs. He argues that his application for writ of habeas corpus filed on August 6, 2000, should be considered on its merits for either of two reasons: 1) his original filing was not a true writ that attacked his conviction or sentence; or 2) his original…