Faulder v. State

OPINION

ODOM, Judge.

Appellant Faulder was convicted of capital murder and received the death penalty. On appeal this Court reversed the conviction. The State, by and through Gregg County Criminal District Attorney Hill has filed a motion to stay the mandate of reversal in order that review may be sought in the United States Supreme Court pursuant to 28 U.S.C. Sec. 1257(3). Faulder has filed an application for writ of prohibition to prevent Hill from seeking such review.

The power of this Court to issue writs of prohibition is granted in Art. 5, Sec. 5, of the Texas Constitution:

“Subject to such…