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  5. 860 S.W.2d 873 (1993)
 

STATE EX REL. HOLMES v. THIRD COURT OF APP.

Nos. 25,214-01, 25,215-01.

860 S.W.2d 873 (1993)

The STATE of Texas, ex rel. John B. HOLMES, Jr. District Attorney of Harris County, Texas, Relator, v. THIRD COURT OF APPEALS OF TEXAS, Respondent. TEXAS BOARD OF PARDONS AND PAROLES, et al., Relators, v. THIRD COURT OF APPEALS OF TEXAS, Respondent.

Court of Criminal Appeals of Texas, En Banc.

August 16, 1993.

Attorney(s) appearing for the Case

John B. Holmes, Jr., Dist. Atty., Calvin A. Hartmann and Roe Wilson, Asst. Dist. Attys., Houston, for relators in No. 25,214-01.

Dan Morales, Atty. Gen., Will Pryor, First Asst. Atty. Gen., Mary L. Keller, Deputy Atty. Gen., Michael P. Hodge, Ann Kraatz, William C. Zapalac and Robert S. Walt, Asst. Attys. Gen., Austin, for relators in No. 25,215-01.

James C. Harrington, Maria-Elena Cigarroa, Brad Rockwell, Harley Clark, Austin, Richard Burr, Elaine Jones, New York City, for real party in interest Gary Graham.

ORIGINAL MANDAMUS ACTION

Motion for leave to file application for writ of mandamus denied without written order.

CLINTON, Judge, concurring.

Recently, the Supreme Court of the United States confirmed that in Texas, as elsewhere, executive clemency is "the `fail-safe' in our criminal justice system"—"the historic remedy for preventing miscarriages of justice where judicial process has been exhausted." Herrera v. Collins, ___ U...

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