Legal Opinion
Alba, Ex Parte John Avalos
Court of Criminal Appeals of Texas
Decided June 9, 2008No. AP-75,510Published
1Opinion of the Court
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-75,510
EX PARTE JOHN AVALOS ALBA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM COLLIN COUNTY
Cochran, J., filed a concurring opinion in which Womack, J., joined.
O P I N I O N
I concur in the Court's decision to dismiss this application for a writ of habeas corpus. Although I agree with the Court that applicant's claim is not cognizable under Article 11.071, (1) I believe that a "lethal-injection protocol" claim may be brought as an original writ application under the Texas Constitution, as a writ of prohibition if an execution date has…
2Cases cited14 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Baze v. ReesSupreme Court of the United States · 2008
- Hill v. McDonoughSupreme Court of the United States · 2006
- Gallo v. StateCourt of Criminal Appeals of Texas · 2007
- State Ex Rel. Holmes v. Honorable Court of Appeals for the Third DistrictCourt of Criminal Appeals of Texas · 1994
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