Ex Parte Serna

On rehearing, we have three separate opinions. I find the concurring and majority opinions to be confusing.

CONCURRING OPINION

The concurrence argues that Appellant’s claim is premature and therefore not properly before this court. Yet this court has never before found the raising of the issue of collateral estoppel pretrial to be premature, and we have repeatedly issued opinions affirming the denial of pretrial habeas relief.

Ripeness for Review

In the past, double jeopardy was considered an improper pretrial challenge because it could be addressed on appeal. But later, the Court of Criminal…