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Ex Parte Jeramy Kennedy, Applicant

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ORDER

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to fifty years’ imprisonment. He did not appeal his conviction.

Applicant contends, inter alia, that his plea was involuntary because he was unaware of exculpatory evidence at the time of the plea, and that the newly available evidence of an affidavit shows that he is actually innocent. Applicant filed a prior Article 11.07 application attacking his conviction in the trial court on October 9, 2008. The writ application was denied without written order on December 17, 2008. Ex parte Kennedy, No. WR-71,054-01 (Tex. Crim. App. Dec. 17, 2008). Applicant alleges that he was refused copies of his attorneys’ file until after he filed his first writ application, and that he was never informed of statements in the file suggesting that “Monster” Swindell had taken responsibility for the crime. He also alleges that an affidavit reporting that “Monster” Marlin Swindell caused the complainant’s death is newly discovered evidence. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Elizondo, 947 S.W.2d 202, 208 (Tex. Crim. App. 1996); Ex parte Lemke, 13 S.W.3d 791 (Tex. Crim. App. 2000).

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