Court of Criminal Appeals of Texas

Ex Parte Michael Wayne Bohannan, Applicant

May 11, 20112011 Tex. Crim. App. LEXIS 618

Summary

The Court dismissed the applicant's habeas petition as moot because his claim was not justiciable under the "capable of repetition, yet evading review" doctrine, and consequently dismissed the due‑process claim. Two concurring opinions noted the ongoing need for prompt preliminary hearings under Morrissey and questioned the significance of factual differences from prior cases.