Ex Parte Russell

OPINION

ONION, Presiding Judge.

This is a post-conviction application for writ of habeas corpus brought under Article 11.07, V.A.C.C.P. See Ex parte Young, 418 S.W.2d 824 (Tex.Cr.App.1967).

The applicant was convicted of capital murder in 1980 and his punishment was assessed at death. The death penalty conviction was affirmed by this Court. Russell v. State, 665 S.W.2d 771 (Tex.Cr.App.1983). Certiorari was denied by the United States Supreme Court. Russell v. Texas, 465 U.S. 1073, 104 S.Ct. 1428, 79 L.Ed.2d 752 (1984).

After his date of execution was set, applicant filed his post-conviction…