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EX PARTE SOFFAR

No. 29,980-02.

120 S.W.3d 344 (2003)

Ex Parte Max Alexander SOFFAR.

Court of Criminal Appeals of Texas.

November 12, 2003.

Attorney(s) appearing for the Case

David Dow, Houston, for Appellant.

Lynn Hardaway, Asst. DA, Houston, Matthew Paul, State's Attorney, Austin, for State.

ORDER

PER CURIAM.

On October 28, 2003, the State filed with this Court a motion to dismiss applicant's subsequent application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, § 5, Tex.Code Crim. Proc. We hold that motion in abeyance and order the parties to brief the following issue:

Whether the Powers abstention doctrine should be modified to permit the consideration of the merits of a subsequent...

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