Court of Criminal Appeals of Texas, 2010

Mason, William Michael

Court of Criminal Appeals of Texas · Decided April 14, 2010

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,408-01

WILLIAM MICHAEL MASON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 620074-A IN THE 228TH DISTRICT COURT

HARRIS COUNTY

Keasler, J., filed a concurring statement.

CONCURRING STATEMENTThe trial judge has entered findings of fact and conclusions of law on William Michael Mason's initial application for a writ of habeas corpus. With respect to Mason's grounds for relief one, three, five, and six, I would first hold that they are procedurally defaulted because they could have been raised by Mason on direct appeal but were not.⁽¹⁾ And only as an alternative reason for rejecting these specific claims, would I adopt the trial judge's conclusions of law.

I would also make clear that the trial judge's conclusion of law seven contains a typographical error. The trial judge incorrectly cites footnote four in our opinion in Castellano v. State.⁽²⁾ It is obvious that this was not intentional and that the trial judge meant to cite to footnote three.

DATE DELIVERED: April 14, 2010

DO NOT PUBLISH

1. Ex parte Banks, 769 S.W.2d 539, 540 (Tex. Crim. App. 1989).

2. Ex Parte Castellano, 863 S.W.2d 476, 481 n.4 (Tex. Crim. App. 1993).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.