Opinion

Ex Parte Bohannan

  • 350 S.W.3d 116
  • 2011 Tex. Crim. App. LEXIS 618
  • 2011 WL 1775727
Court
Court of Criminal Appeals of Texas
Filed
May 11, 2011
Status
Published
Author
Keller
On the bench
Johnson, Meyers, Price, Womack, Keasler, Hervey, Cochran, Keller
Cited by
73 cases
Authority
More cited than 11.0%

recognizing that when a habeas applicant is represented by counsel, the court need not take action on pro se filings

How later courts described this case

  • recognizing that when a habeas applicant is represented by counsel, the court need not take action on pro se filings
  • holding that “capable of repetition, yet evading review” doctrine was not satisfied because there was no reasonable expectation that the complaining party would be subjected to the same action again
  • recognizing “capable of 8 repetition, yet evading review” exception to mootness doctrine, but holding exception was not applicable to particular case
  • noting that the court disregarded and took no action on a habeas corpus applicant’s pro se submissions because he was represented by counsel

Written by the judges who cited it.

The opinion

KELLER, P.J.,

concurring.

In Ex parte Cordova, a parolee was arrested on a parole revocation warrant, and new criminal charges were pending at the time. 1 There is no suggestion in our opinion in that case that the parolee was being confined on the new charges. 2 In the present case, however, appellant was being confined on the new charge. Whether that difference between the two cases is legally significant is a question to be resolved at another time because, as the Court correctly points out, this case is moot.

. Ex parte Cordova, 235 S.W.3d 735 (Tex. Crim.App.2007).

. An examination of the writ file in Cordova shows that the new charges were in a different county than the county of confinement, the latter of which had issued the parole revocation warrant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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