Esparza, Edward Ray

• Court: Court of Criminal Appeals of Texas
• Decided: September 13, 2006
• Docket: WR-11,882-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-11,882-05 EX PARTE EDWARD RAY ESPARZA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM HARRIS COUNTY

Johnson, J., filed a concurring statement.

C O N C U R R I N G S T A T E M EN T

I concur in the judgment of the Court denying relief. Chapter 64 has a number of unanswered questions concerning its scope and applicability, but one question has been answered; habeas corpus relief is not available for claims based on Chapter 64. See Ex Parte Baker, 185 S.W.3d 894 (Tex. Crim. App. 2006); Ex Parte Suhre, 185 S.W.3d 898 (Tex. Crim. App. 2006). However, Chapter 64 does not bar subsequent applications. Baker at 897. Applicant is free to file a second petition under Chapter 64 and then to appeal any adverse result.

Filed: September 13, 2006

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