Court of Criminal Appeals of Texas

Ex Parte David Lee Geiken, Applicant

October 4, 20002000 Tex. Crim. App. LEXIS 90

Summary

The Court held that an applicant may invoke Article 11.07 to challenge the denial of mandatory supervision release, that the statutory bar on judicial review of the Board's substantive determinations does not violate separation of powers, that the mandatory supervision statute creates a liberty interest, and that due process requires the Board to give timely notice before considering release. Accordingly, the Court remanded for the Board to reconsider the applicant and provide such notice.