In Ex Parte Whiteside

In In Ex Parte Whiteside, 12 S.W.3d 819, 822 n.1 (Tex. Crim. App. 2000), the Court found the absence of that language with reference to subsequent applications to mean that the "challenging the same conviction" limitation did not apply to subsequent applications. 12 S.W.3d at 821 As a result, in non-death penalty cases, once an initial application challenging the conviction has been finally disposed, all subsequent applications are barred (unless they meet one of the enumerated exceptions) regardless of whether the subsequent application constitutes a challenge to the conviction. Id. The Court said in Whiteside that the fact that the Legislature placed the "challenging the conviction" limitation in one part of the statute but not another indicated the Legislature's intent that the limitation not apply in the part of the statute in which it is absent. Id.