Benson v. State

TERRY JENNINGS,

Justice, dissenting.

The majority misstates the relief actually requested by appellant, James Hail Benson, misconstrues the statement that he made in his pro se notice of appeal, and then, in violation of the doctrine of stare decisis, proceeds to use this case to overrule and “abandon” the well-reasoned and six-year-old precedent of Jack v. State, 42 S.W.3d 291 (Tex.App.-Houston [1st Dist.] 2001, order) (Jack I). In so doing, the *502majority establishes in Texas jurisprudence a classic “catch-22,”1 which violates the Due Process Clause of the United States Constitution and the Due…