Court of Criminal Appeals of Texas

Ex Parte Larue Evans

March 11, 19981998 Tex. Crim. App. LEXIS 30

Summary

The Court held that the prior 1996 habeas application, which challenged a parole revocation, does not constitute a "challenge to the conviction" under Article 11.07, §4, and therefore does not bar the present application. The Court also found the record insufficient to decide the applicant's claims for credit for pre‑trial and blue‑warrant custody, and remanded the case for further fact‑finding. Judge Keller dissented, arguing that the prior application should bar the current writ.