Court of Criminal Appeals of Texas

The State of Texas's writ of mandamus and prohibition requesting a prohibition of a pretrial evidentiary hearing on a defendant's motion to declare Article 37.071, the Texas death-penalty sentencing statute unconstitutional, is conditionally granted as, the State has demonstrated a clear right to relief because there is no basis under Texas law to conduct a pretrial evidentiary hearing to determine the "as applied" constitutionality of a state penal or criminal procedural statute, and the trial judge does not have legal authority to conduct any such pretrial evidentiary hearing and make any such pretrial declaratory judgment.

Appellate Information

• Decided 01/12/2011
• Published 01/12/2011

Judges

• Cochran

Court

• Court of Criminal Appeals of Texas

Counsel