Ferstl, Robert Scott II

• Court: Court of Criminal Appeals of Texas
• Decided: May 11, 2011
• Docket: WR-75,745-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-75,745-01 EX PARTE ROBERT SCOTT FERSTL, II, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. FR62660-A IN THE 27TH JUDICIAL DISTRICT COURT

FROM BELL COUNTY

Keasler, J., filed a concurring statement in which Hervey, J., joined.

CONCURRING STATEMENT

I agree with the Court's decision to deny relief. But I write to note that Applicant's grounds for relief two, three, ten, fourteen, and fifteen are not cognizable on habeas. ⁽¹⁾ I would therefore deny these claims on this basis, without reaching the merits.

DATE FILED: May 11, 2011

DO NOT PUBLISH

1. See Ex parte Banks, 769 S.W.2d 539, 540 (Tex. Crim. App. 1989) (op. on reh'g).