Court of Criminal Appeals of Texas

Ex Parte David Allen Gardner

February 4, 19981998 Tex. Crim. App. LEXIS 14

Summary

The Court denied the applicant's habeas corpus petition, holding that his delayed Estelle v. Smith claim was waived by abuse of the writ and that the warnings given by the psychiatrists satisfied the Fifth Amendment requirements. Separate dissenting opinions argue the claim was not waived and that the warnings were insufficient.