Legal Opinion · Concurrence

Ex Parte Davis

Court of Criminal Appeals of Texas

Decided December 18, 1996No. 72247Published

1ConcurrenceBaird, Judge

I agree that Tex.Code Crim.Proe. art. 11.071 passes constitutional muster. I write *232separately to supplement the majority opinion in an effort to avoid any confusion in the future.

I

The majority states: “[ajrticle 11.071 simply provides the methodology for rendering the writ of habeas corpus and does not prevent this Court from exercising its constitutional powers over the writ of habe-as corpus.” Ante, 947 S.W.2d at 219.1 The potential for confusion arises when one considers this statement in light of Judge McCormick’s statement that art. 11.071 provides the “exclusive procedures for the…

2Cases cited21 opinions

  1. Ex Parte HargettCourt of Criminal Appeals of Texas · 1991
  2. State Ex Rel. Holmes v. Honorable Court of Appeals for the Third DistrictCourt of Criminal Appeals of Texas · 1994
  3. State v. DaughertyCourt of Criminal Appeals of Texas · 1996
  4. Ex Parte RenierCourt of Criminal Appeals of Texas · 1987
  5. State Ex Rel. Wilson v. BriggsCourt of Criminal Appeals of Texas · 1961

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