I just ran across the June 14 opinion of the Tenth Court in Pena, 192 S.W.3d 684, which states: "Because the issue regarding the Due Course of Law Clause is a novel constitutional issue of some significance, we also invite any other interested person or organization to submit an amicus brief on this issue. See Tex. R. App. P. 11 (providing for the receipt of amicus briefs). Any amicus brief shall be tendered within 45 days after the date of this Order."

This is the first time I have seen such a critter in the Texas intermediate appellate courts. Apparently there were at least 4 amicus briefs filed.

Hopefully the issue has now been pretty well shot down by Salazar, 185 S.W.3d 90 and McGee, No. 11-05-038-CR (10/5/06). But, the State has a very great interest indeed in whether Justice Stevens' opinion in Youngblood gets engrafted on Texas Constitution. Should orders like this receive some other type of publicity?

[This message was edited by Martin Peterson on 10-05-06 at .]

I had this exact issue in court today. The Judge faxed over his opinion indicating that Youngblood still applies, but that he is eager to see the outcome of the Pena case.