Lackey, Raymond Dean

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1621-10 RAYMOND DEAN LACKEY, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS FANNIN COUNTY H ERVEY, J., filed a dissenting opinion in which M EYERS and K EASLER, JJ., joined. DISSENTING OPINION I disagree with the disposition of this case, and I write separately to explain my reasoning. Today, a majority of the Court uses our rules of procedural default to avoid reaching the merits of the State’s appeal, and in doing so, they also further confuse bench and bar regarding the…