Polk v. State

Though there was a great deal of viewing with alarm as the majority opinion was delivered in Ayala v. State, 633 S.W.2d 526 (Tex.Cr.App.1982), see Concurring Opinion by the writer and Concurring and Dissenting Opinion by Judge Teague, much of it was prospective, a harbinger of “mischief” to come. Now, however, the Court is presented with an opportunity to reexamine Ayala for its ramifications in a somewhat different context. Happily the Court seizes the moment, but in my judgment the majority opinion does not respond adequately to the dissenting opinion, nor does it treat fully enough the…