Bohannan, Ex Parte Michael Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: May 11, 2011
• Docket: AP-76,363
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,363

Ex parte MICHAEL WAYNE BOHANNAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS TARRANT COUNTY

K ELLER, P.J., filed a concurring opinion.

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.

Filed: May 11, 2011 Publish

1 Ex parte Cordova, 235 S.W.3d 735 (Tex. Crim. App. 2007). 2 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.