Ex Parte Cooper E. Giles

Summary

The Court held that Section 6.01(c) of the Texas Controlled Substances Act is unconstitutional because it exceeds legislative power and infringes the Governor's clemency authority, but the remainder of the Act is severable. Accordingly, the petition for a writ of habeas corpus/mandamus was denied. Justice Roberts filed a concurring opinion agreeing with the holding and emphasizing the lack of fair notice, while Judge Douglas dissented, finding the provision constitutional.