Court of Criminal Appeals of Texas
The State of Texas, Appellant v. Billy Rosenbaum, Appellee
December 6, 1995910 S.W.2d 934
Summary
The Court held that a Motion for Rehearing After Written Opinion permits the Court to reexamine and, if appropriate, depart from its original disposition, and that stare decisis does not bind the Court in such circumstances. The majority changed the prior disposition of the case, while several dissenting and concurring judges criticized the change and debated the authority to determine materiality pretrial. The opinion includes commentary on judicial motives and the proper role of rehearing motions.