Ex Parte Michael Wayne Bohannan, Applicant

Summary

The Court held that the applicant’s habeas petition was non‑justiciable because the claim did not satisfy the “capable of repetition, yet evading review” exception to mootness, and therefore dismissed the application. Because the claim was dismissed as moot, the Court also dismissed the applicant’s due‑process claim without reaching the merits. The Court reminded the Texas Department of Criminal Justice that Tex. Gov’t Code § 508.2811 and Morrissey require timely preliminary hearings. Two concurring opinions joined, emphasizing the need for prompt hearings and noting that the issue of pending criminal charges may be revisited.