Soffar, Max Alexander ( 2009 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
AP-75,363
MAX ALEXANDER SOFFAR, Appellant
v.
THE STATE OF TEXAS
ON DIRECT APPEAL
FROM CAUSE NO. 319724 IN THE 232ND DISTRICT COURT
HARRIS COUNTY
K EASLER, J., filed a concurring opinion in which H ERVEY, J., joined.
CONCURRING OPINION
I join the Court’s opinion with the exception of point of error twenty-seven.
Consistent with my dissenting opinion to the Court’s decision to improvidently grant
rehearing in Thompson v. State, I would hold that there was no error under Maine v.
SOFFAR CONCURRING OPINION—2
Moulton.1 I further urge the majority of the Court to reconsider its understanding of this case
and other Supreme Court precedent.
DATE DELIVERED: November 18, 2009
DO NOT PUBLISH
1
93 S.W.3d 269, 276 (Tex. Crim. App. 2003) (Keasler, J., dissenting on reh’g); see
also Soffar, 368 F.3d at 487 (Garza J., dissenting) (“As Soffar made no incriminating
statements regarding his murder charge during the interrogation [by Bockel], Moulton, by
its own terms, is inapplicable).