The parties are ordered to brief the issue of whether this court should modify the Powers abstention doctrine to permit consideration of the merits of a subsequent writ, not otherwise barred by Texas Code of Criminal Procedure Article 11.071 �5, if the federal court having jurisdiction over a parallel writ enters an order staying its proceedings to allow the applicant to return to the appropriate Texas courts to exhaust his state remedies.
November 24, 2003 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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