Ex Parte Cooper E. Giles

Summary

The Court held that Section 6.01(c) of the Texas Controlled Substances Act is unconstitutional as applied to criminal actions pending on appeal because it infringes the Governor's clemency power under Article IV, Sec. 11 of the Texas Constitution, and that the invalid portion is severable so the remainder of the Act remains effective. Accordingly, the relator's writ of mandamus (treated as a habeas petition) was denied.