Ex Parte Davis

I write to address the Court’s resolution of applicant’s argument that Article 11.071, V.A.C.C.P. “suspends” the Great Writ, contrary to Article I, Section 12 of the Texas Constitution. The majority concludes that “Article 11.071, pursuant to the constitutional mandate to the Legislature to enact laws to render the remedy speedy and effectual, simply provides for the methodology for rendering and effecting the implementation of the right to writ of habeas corpus and does not prevent this Court from exercising its constitutional powers over the writ of habeas corpus.” Majority op. at 219.…