Alba, Ex Parte John Avalos

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,510 EX PARTE JOHN AVALOS ALBA, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM COLLIN COUNTY C OCHRAN, J., filed a concurring opinion in which W OMACK, J., joined. OPINION I concur in the Court’s decision to dismiss this application for a writ of habeas corpus. Although I agree with the Court that applicant’s claim is not cognizable under Article 11.071,1 I believe that a “lethal-injection protocol” claim may be brought as an original writ application under the Texas Constitution, as a writ of prohibition if an execution date has…