Legal Opinion

Hathorn, Gene Wilford, Jr

Court of Criminal Appeals of Texas

Decided April 9, 2008No. WR-65,054-04Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-65,054-04

EX PARTE GENE WILFORD HATHORN, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NUMBER 6958-D IN THE

411TH DISTRICT COURT OF TRINITY COUNTY

Price, J., filed a statement respecting the subsequent application for writ of habeas corpus.

DISSENTING STATEMENT

The Court today dismisses the applicant's subsequent writ application brought pursuant to Article 11.071 of the Texas Code of Criminal Procedure. The issue is whether he has invoked a legal basis that was unavailable to him before. (1) This is not this applicant's first…

2Cases cited8 opinions

  1. Penry v. LynaughSupreme Court of the United States · 1989
  2. Tennard v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionSupreme Court of the United States · 2004
  3. Penry v. JohnsonSupreme Court of the United States · 2001
  4. Abdul-Kabir v. QuartermanSupreme Court of the United States · 2007
  5. Smith v. TexasSupreme Court of the United States · 2004

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