Headrick v. State

HOLLAND, J.,

filed a dissenting opinion in which PRICE, J., joined.

I dissent to the majority’s decision to vacate the judgment of the court of appeals. I do not agree with the majority that the State’s second ground for review is disposi-tive of this case. I believe the State’s question of whether “an application for a pre-trial writ of habeas corpus is the appropriate vehicle by which to raise a claim of collateral estoppel” is moot. Pursuant to our decision in State v. Brabson, 976 S.W.2d 182 (Tex.Crim.App.1998), appellant had no valid claim of collateral estoppel to raise in either a…