Legal Opinion · Concurrence

in Re State of Texas Ex Rel. Brian Risinger, Relator

Court of Criminal Appeals of Texas

Decided December 16, 2015No. WR-84,212-01Published

1Concurrence

Newell, J.,

filed a concurring statement.

I join the Court’s order for counsel Frank Blazek and William F. Carter to appear before this Court to explain why they filed an untimely motion to withdraw the warrant of execution for their client Raphael Deon Holiday. As the other judge who dissented to this Court’s denial of mandamus relief regarding Holiday’s motion to withdraw his warrant of execution, I now feel it incumbent upon me to write separately to explain why I voted against mandamus relief and why I agree with the Court’s order to show cause;

Counsel Filed a Motion to Withdraw the Order…

2Cases cited21 opinions

  1. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  2. In Re STATE of Texas Ex Rel. David P. WEEKSCourt of Criminal Appeals of Texas · 2013
  3. State Ex Rel. Lykos v. FineCourt of Criminal Appeals of Texas · 2011
  4. Eichelberger v. EichelbergerTexas Supreme Court · 1979
  5. In re McCannCourt of Criminal Appeals of Texas · 2013

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