Alba, Ex Parte John Avalos

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,510 EX PARTE JOHN AVALOS ALBA, Applicant ON APPLICATION FOR WRIT OF HABEAS CORPUS FROM COLLIN COUNTY P RICE, J., filed a dissenting opinion. DISSENTING OPINION Eight months ago, the momentum of the death machine in Texas propelled us to an unseemly execution. On the same day that the United States Supreme Court agreed to examine the constitutionality of the Kentucky protocol for lethal injection,1 Michael Richard died on the gurney before the mechanism could grind to a halt. The Supreme Court has since spoken, and a plurality has provided us…