Opinion

State Ex Rel. Holmes v. Third Court of Appeals of Texas

860 S.W.2d 873
1993 WL 312288

Court: Court of Criminal Appeals of Texas
Filed: Aug 16, 1993
Status: Published
Author: Maloney
On the bench: Clinton, Miller, Mecormick, Campbell, Maloney, White
Cited by: 9 cases

The opinion

MALONEY, Judge,

dissenting.

I would grant the Board of Pardons and Paroles’, et al., Motion for Leave to File its Petition for Writ of Prohibition and Mandamus, and I would grant a stay of execution pending further orders of this Court on the issues raised by the Attorney General in its petition, including those issues dealing -with the requirement of a hearing before the Board of Pardons and Paroles on a request for clemency based upon a claim of actual innocence.

Because this Court denies the Attorney General of this State leave to file its petition on these issues, I respectfully dissent.

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