Fleming, Mark

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1529-10

MARK ALEXANDER FLEMING, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

DENTON COUNTY

Keasler, J., filed a concurring opinion in which Hervey and Cochran, JJ., joined.

CONCURRING OPINION

I agree with the Court's determination to remand. But I write separately to express my opinion about Texas's due course of law provision. To date, this Court has not rendered an opinion on the scope of the substantive rights and protections afforded by the due course of law provision. However, this…