In Re Chavez

I respectfully dissent. Although I realize the majority feels constrained to follow the Court of Criminal Appeals opinion in Woodard v. The Eighth Court of Appeals, 991 S.W.2d 795 (Tex.Crim.App.1998), it is my view that the facts in these cases are distinguishable. Moreover, I am compelled to voice my conclusion that Woodard is simply wrong, and I write to urge that the Court of Criminal Appeals revisit it. I write briefly to explain my thinking.

First, I believe the facts here beg for immediate remedy. Three identical recu-sal motions were filed by Mr. Abraham and Ms. Smith. Judge Cardone,…