Ex Parte Davis

OPINION

OVERSTREET, Judge.

Applicant has filed a subsequent application for post-conviction writ of habeas corpus raising two allegations challenging the validity of his conviction and resulting death sentence. He had previously filed an application which this Court denied in 1992. He has also filed a motion seeking to declare certain portions of the newly-enacted Article 11.071, § 5, V.A.C.C.P. unconstitutional. We filed and set this cause for submission and directed the parties in briefing “to provide particular attention and emphasis on applicant’s motion to declare certain portions of Art.…