Garcia v. White

COCHRAN, J.,

filed a concurring statement

in which JOHNSON and ALCALA, JJ., joined.

I join in the Court’s order denying leave to file an application for writ of mandamus. Fernando Garcia, the relator and the defendant in a pending capital-murder sentencing retrial, claims that he is being denied his right to chosen counsel. But he has not shown that he “has a clear right to relief’ on his pre-trial writ of mandamus. 1 Although relator raises difficult issues of constitutional dimension, these issues involve novel or unsettled law and thus are not well-suited to resolution in the context of a…