Devoe, Paul Gilbert

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-80,402-01

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Ex parte PAUL GILBERT DEVOE, Applicant

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On Application for Writ of Habeas Corpus from Travis County

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Womack, J., filed a concurring statement, in which Johnson and Cochran, jj., joined.

I join the Court's order, except its statement adopting the trial judge's findings and conclusions.

Some of those findings and conclusions reach the merits of the applicant's claims about expert testimony on prison conditions. As we held on the appeal from this conviction, the merits were not preserved for review. The trial court should not have reached the merits in this collateral proceeding, nor should this court.

I also wish to state my understanding that this court has not relied in any way on the trial judge's findings that Dr. Richard Coons's testimony on future dangerousness was relevant and scientifically reliable. As we held in Coble v. State, 330 S.W.3d 253 (2010), such testimony was not admissible because it was not reliable.

Filed: January 15, 2014.

Do Not Publish.