Grey, Steven Carl

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0137-09

STEVEN GREY, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRD COURT OF APPEALS

HAYS COUNTY

Cochran, J., filed a concurring opinion.

OPINION

I agree that Arevalo (1) was wrongly decided, that the four dissenters in Arevalo were correct, (2) that the doctrine has proven unworkable, and that it has led to unjust, unanticipated results. I join the majority in overruling it.

But I would go further and provide some guidance to the bench and bar on when a trial court must grant a request by either the defense or…