Ex Parte James Carl Lee Davis

Summary

The Court held that Article 11.071, §5 of the Texas Code of Criminal Procedure is constitutional and does not violate the Texas Constitution’s separation of powers, writ‑of‑habeas clause, retroactive‑law prohibition, equal‑protection clause, due‑process provisions, right to effective counsel, or open‑courts provision; consequently the applicant’s second habeas petition was dismissed as an abuse of the writ and the prior stay of execution was vacated.