Robbins, Neal Hampton ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-73,484-02
EX PARTE NEAL HAMPTON ROBBINS, Applicant
ON STATE’S MOTION FOR REHEARING
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 98-06-00750-CR(2) IN THE 410TH DISTRICT COURT
MONTGOMERY COUNTY
M EYERS, J., filed a dissenting opinion.
DISSENTING OPINION
I disagree with the majority’s conclusion that the State’s motion for rehearing was
improvidently granted, which is a de facto affirmation of the original majority opinion,
authored by Judge Womack. Ex parte Robbins, WR-73,484-02, 2014 LEXIS 1900 (Tex.
Crim. App. Nov. 26, 2014). As I indicated in my dissent to that original opinion, article
11.073 of the Texas Code of Criminal Procedure does not provide for relief based on any
constitutional criteria, which is necessary for our analysis of writs of habeas corpus. Id. at
*81-2 (Meyers, J., dissenting). Therefore, our court is not the appropriate avenue for relief
Robbins dissent - Page 2
in this case and relief should be denied. However, by determining that the present motion for
rehearing was improvidently granted, the majority is effectively adopting the original
opinion. For these reasons, I respectfully dissent.
Meyers, J.
Filed: January 27, 2016
Publish