Blue, Ex Parte Carl Henry

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,254

EX PARTE CARL HENRY BLUE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 23292-272

FROM THE 272ND DISTRICT COURT OF BRAZOS COUNTY

Johnson, J., filed a concurring opinion.

C O N C U R R I N G O P I N I O N

The United States Supreme Court has, unfortunately, inserted into the legal lexicon the phrase "actual innocence of the death penalty." The meaning of the phrase is more properly expressed as "ineligibility for the death penalty" because it has nothing whatsoever to do with a claim of actual innocence, that is, that the…