Court of Criminal Appeals of Texas

Ex Parte Kenneth Wayne Stacey

May 14, 19861986 Tex. Crim. App. LEXIS 734

Summary

The Court held that the district judge failed to issue a valid order of referral to a magistrate as required by Article 1918c, § 4(c), so the habeas corpus proceeding was improperly before a magistrate and the case was remanded to the trial court. The decision reversed the judgments of the Court of Appeals and the trial court, and it was accompanied by a concurrence in part/dissent in part and a separate concurrence.