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CCA orders briefing in Ex parte Bobby Wayne Woods

By cdw

The Texas Court of Criminal Appeals today ordered briefing in Ex parte Bobby Wayne Woods, No. AP-76,034 on the following issues: (1)      Does the fact that Applicant raised this claim in a previous writ application bar him from re-litigating this claim pursuant to Ex parte Blue, 230 S.W.3d 151, 154, 162 (Tex. Crim. App. 2007)? (2)      If he is not barred from re-litigating this claim, what must  he establish as a threshold showing in his writ application under Ex parte Blue? (3)      To what extent should this Court give deference to the habeas court?s original findings of fact and conclusions of  law on the underlying claim in determining whether a court may  consider the merits of a subsequent writ application, raising that same claim, under Article 11...continue to full post

Full post as published by Capital Defense Weekly on November 05, 2008 (boomark / email).