Berkley, William Josef

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-63,079-02

EX PARTE WILLIAM BERKLEY, Applicant

ON APPLICATION FOR A POST-CONVICTION WRIT OF HABEAS CORPUS

AND STAY OF EXECUTION FROM CAUSE NO. 20000D5705-243-2

IN THE 243RD JUDICIAL DISTRICT COURT

PASO COUNTY

Cochran, J., filed a Concurring Statement in which Womack, J., joined.

I agree that applicant has failed to satisfy the requirements of Article 11.071, § 5, but not for the reasons asserted by the State. The State argues that applicant could have, and therefore should have, included any constitutional claim concerning the scientific validity of the…