Benjamin Alan Morrison v. the State of Texas

IN THE TENTH COURT OF APPEALS No. 10-19-00287-CR BENJAMIN ALAN MORRISON, Appellant v. THE STATE OF TEXAS, Appellee From the 19th District Court McLennan County, Texas Trial Court No. 2010-997-C1 CONCURRING OPINION This is yet another example of a Chapter 64 motion being disposed of on the procedure, rather than the merits, thus foreclosing the use of “law of the case” doctrine from being a defense to future Chapter 64 motions until the defendant/movant/appellant gets the motion right. See State v. Swearingen,

478 S.W.3d 716, 723

(Tex. Crim. App. 2015); State v. Swearingen,

424 S.W.3d 32, 37-38

(Te…