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Court of Criminal Appeals of Texas.

Re: EX PARTE Michael St. AUBIN

WR–49,980–12 through 16

Decided: September 22, 2017

All Judges, Deana Williamson, Diana Norman, and All Publishers


The following changes have been made to my majority opinion in the above-referenced case, which was handed down by the Court of Criminal Appeals of Texas on September 20, 2017.

On page 2, line 2 we changed “this application” to “these applications.” We also made the changes to footnote 14, line I starting with “but cites no authority for the proposition that procedural default can be waived (much less that the requirements of § 4 can be waived) and we have, in fact, held to the contrary” and replacing with “but we have held that procedural default cannot be waived.”

Presiding Judge Sharon Keller

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