In Re STATE of Texas Ex Rel. David P. WEEKS

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-76,953 & 76,954

IN RE STATE OF TEXAS EX REL. DAVID P. WEEKS, Relator

ON STATE'S PETITION FOR A WRIT OF MANDAMUS

AGAINST THE TENTH COURT OF APPEALS

IN CAUSE NO. 24,083 IN THE 278TH DISTRICT COURT

OF WALKER COUNTY

Price, J., filed a dissenting opinion in which Womack, J., joined.

DISSENTING OPINION

I

Mandamus is an extraordinary remedy. To intercede in an ongoing capital murder trial and order the trial court to give a particular jury instruction that we believe is raised by the evidence, and modify another jury instruction because we think the trial judge…