Court of Criminal Appeals of Texas, 2011

Bohannan, Ex Parte Michael Wayne

Court of Criminal Appeals of Texas · Decided May 11, 2011

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,363

Ex parte MICHAEL WAYNE BOHANNAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

TARRANT COUNTY

K ELLER, P.J., filed a concurring opinion.

In Ex parte Cordova, a parolee was arrested on a parole revocation warrant, and new criminal charges were pending at the time.1 There is no suggestion in our opinion in that case that the parolee was being confined on the new charges.2 In the present case, however, appellant was being confined on the new charge. Whether that difference between the two cases is legally significant is a question to be resolved at another time because, as the Court correctly points out, this case is moot. Filed: May 11, 2011

Publish

1 Ex parte Cordova, 235 S.W.3d 735 (Tex. Crim. App. 2007). 2 An examination of the writ file in Cordova shows that the new charges were in a different county than the county of confinement, the latter of which had issued the parole revocation warrant.

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