Ex Parte Hood

COCHRAN, J.,

dissenting, in which WOMACK, JOHNSON, and HOLCOMB, JJ., joined.

I respectfully dissent.

We filed and set this subsequent application for a writ of habeas corpus in a death penalty case to decide, among other things, whether applicant could have raised his “nullification instruction” claim in his earlier habeas applications. I conclude that no Texas or federal court had recognized the legal basis for his claim until the Supreme *781Court decided Tennard v. Dretke.1 Therefore applicant’s legal claim is newly available, and we should address the merits of his jury-charge claim under…