905 S.W.2d 452 | Tex. App. | 1995
SUPPLEMENTAL OPINION
Appellant has filed a petition for discretionary review in which he asserts that this Court erred in holding that it could not take judicial notice of two scientific studies in evaluating Appellant’s claim of the State’s use of perjured testimony by Dr. Robert McLaughlin. He argues that the petition should be granted because our opinion decides an important question of state law in conflict with an applicable decision of the Court of Criminal Appeals, namely, Emerson v. State, 880 S.W.2d 759 (Tex.Crim.App.1994). See Tex.R.App.P. 200(c)(3). Pursuant to Tex.R.App.P. 101, we write to set forth several matters not apparent in our original opinion, but which are of importance to a resolution of Appellant’s contention.
Implicit in Appellant’s ground for relief and his supporting argument are the notions that Appellant asked this Court to take judicial notice of the two studies attached to his supplemental brief prior to original submission of this cause, and that we expressly held that we could not do so. Both assertions are incorrect. Appellant did not, in his supplemental brief or at any time prior to submission, ask this Court to take judicial
For the reasons stated herein, we decline to reconsider or modify our original opinion. See Tex.R.App.P. 101.
. Appellant filed his original brief on March 30, 1994. The State filed its brief on August 3, 1994. After the cause was set for submission. Appellant filed on October 4, 1994, a motion for leave to file a supplemental brief raising new points of error. Despite the State’s opposition, this Court granted the motion and filed Appellant's supplemental brief on October 19, 1994. The case was submitted on February 1, 1995.