Young v. Dretke

I concur in the persuasive panel opinion but write separately to suggest that the State could have better presented its position in this case. Procedurally, this is a peculiar case indeed. Independent research convinces me that under current Texas law interpreting the old versions of Tex.Code CRiM. Proc. §§ 28.061 and 32.01, Young is not “entitled” to relief. From this standpoint, the case looks a lot like Fretwell. On the other hand, the State’s briefing pointed out none of the following points. While the interests of federalism strongly support finality in convictions, and the habeas…