Legal Opinion · Concurring in part, dissenting in part

Rubino v. Lynaugh

Court of Criminal Appeals of Texas

Decided April 26, 1989No. 70363Published

1Concurring in part, dissenting in partTeague, Judge

This cause appears to be the very first case in which this Court is called upon to answer a certified question from the United States Fifth Circuit Court of Appeals in its cause of Rubino v. Lynaugh, 845 F.2d 1266 (5th Cir.1988), which is being done pursuant to the provisions of Rule 214(a), Texas Rules of Appellate Procedure.1 See and compare Greene v. Massey, 595 F.2d 221 (5th Cir.1979), and Greene v. Massey, 384 So.2d 24 (Fla.1980). Also see Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15 (1978). Therefore, I am reluctant to file a dissenting opinion to such an historical…

2Cases cited38 opinions

  1. Greene v. MasseySupreme Court of the United States · 1978
  2. Ex Parte McWilliamsCourt of Criminal Appeals of Texas · 1982
  3. Phillips v. StateCourt of Criminal Appeals of Texas · 1980
  4. Greene v. MasseySupreme Court of Florida · 1980
  5. Ex Parte JewelCourt of Criminal Appeals of Texas · 1976

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