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

> Court of Criminal Appeals of Texas · August 16, 1993 · 860 S.W.2d 873

URL: https://www.frixlaw.com/law-library/cases/9675001

## Case

- **Full name:** The STATE of Texas, Ex Rel. John B. HOLMES, Jr. District Attorney of Harris County, Texas, Relator, v. THIRD COURT OF APPEALS OF TEXAS, Respondent; TEXAS BOARD OF PARDONS AND PAROLES, Et Al., Relators, v. THIRD COURT OF APPEALS OF TEXAS, Respondent
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** August 16, 1993
- **Citations:** 860 S.W.2d 873; 1993 WL 312288
- **Precedential status:** Published
- **Opinion:** Dissent by Maloney
- **Judges:** Clinton, Miller, Mecormick, Campbell, Maloney, White
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9675001

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9675001. Public record. Not legal advice.