Opinion
No. AP-76,533
Filed: April 6, 2011. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus Cause No. 05-12-7342 in the 24th District Court from Jackson County.
PER CURIAM. KEASLER, J., filed a dissenting statement in which KELLER, P.J., and HERVEY, J., join.
OPINION
This is an application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc. In January 2007, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Ramey v. State, No. AP-75,678 (Tex. Crim. App. delivered February 11, 2009) (not designated for publication). This Court has determined that the case should be filed and set on the following issue in allegation 21: Whether the trial court erred in admitting testimony of Dr. Richard Coons with regards to the future dangerousness of applicant because Coons' testimony violates the Eighth Amendment and applicant's rights to due process. Applicant filed his habeas petition in the trial court in 2008. While his petition was being reviewed by the trial court, this Court handed down Coble v. State, 330 S.W.3d 253 (2010). In Coble, we held that Dr. Coons' testimony on future dangerousness was inadmissible under Texas Rule of Evidence 702. Applicant's petition was received in this Court on March 11, 2011. Applicant and the State shall file briefs on the above claim specifically addressing whether the holding in Coble v. State, 330 S.W.3d 253 (2010), impacts this claim in a federal constitutional setting. Both briefs shall be due in this Court within forty-five (45) days of the date of this order. IT IS SO ORDERED THIS THE 6th DAY OF APRIL, 2011.