Court of Criminal Appeals of Texas
Ex Parte William E. Spaulding, Iii, Appellant
March 11, 19811981 Tex. Crim. App. LEXIS 924
Summary
The Court held that the trial court abused its discretion in denying bail pending appeal and vacated that order, remanding for the trial court to set bail in a reasonable amount. It overruled Fowler to the extent that habeas corpus may not be used to review bail issues, allowing such review under the Constitution or statutory appeal. Justice Odom, in a concurring opinion, argued that Fowler need not be overruled and that original habeas jurisdiction should be used only in unusual circumstances.