Ex Parte James Otis Brown, Applicant

Summary

The Court of Criminal Appeals of Texas granted the applicant's habeas corpus petition, holding that the trial judge's prejudgment of punishment violated due process and that such a claim may be raised for the first time on a writ of habeas despite not being raised on direct appeal. The majority also remanded for a new sentencing hearing. The dissent, authored by Justice WOMACK, argues that the applicant failed to prove prejudgment and therefore should not receive relief.