Temple, David Mark

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-78,545-01


EX PARTE DAVID MARK TEMPLE, 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 E N T



I agree that this Court properly denies leave to file this application, but I note that the appropriate remedy for claims such as those presented here is to file, not an application for a writ of habeas corpus under this Court's original jurisdiction, but an application pursuant to Texas Code of Criminal Procedure, art. 11.07: "After conviction the procedure outlined in [Article 11.07] shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner." Id. at § 5. Applicant is entitled to seek his desired relief through such an application and may do so if he so chooses.







Filed: October 31, 2012

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