WHETHER TEXAS COURT OF CRIMINAL APPEAL'S IS APPLYING SEC. 4
[TCCP ART.11.07] —AS ADEQUATE & INDEPENDENT STATE LAW GROUND IN
LIGHT OF THIS COURT HOLDING IN-[Cruz v.Arizona ,143 SCt.650]-
Trevino v.Thaler, 133 SCt.1911-Magwood v.Patterson ,130 SCt.2788-
PRECLUDES SUBSEQUENTAL WRIT APPLICATION-BASED ON NEWLY DISCOVERED
EVIDENCE INEFFECTIVE ASSISTANCE OF COUNSEL-BARS RE URGEING COUNSES
INEFFECTIVENESS IN OTHER CAUSES DISPOSED OF IN A SINGLE "PLEA
PACKAGE" INEFECTED THE INTIRE PROCEEDING ?

WOULD IT RESULT IN A "FUNDANENTAL MISCARRIAGE OF JUSTICE" TO BAR
REVIEW WARNER "S COLORABLE CLAIM OF ACTUALLY & OR FACTUALLY INNOC
-ENCE OF FELONY THEFT_ ALLEGATION HE WAS NEVER CHARGE FOR COMMITT
-ING-BUT IMPROPERLY USE TO RAISE THE MISDEMEANOR ESCAPE TO A FEL
ONY ?

Whether Texas Court of Criminal Appeal's is applying Sec.4 {TCCP Art.11.07] as adequate & independent state law ground