CourtListener 10368101•Zubiate, Leroy Hilbert
Gesamter Gesetzestext
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,541-01
EX PARTE LEROY HILBERT ZUBIATE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
IN CAUSE NO. 13935-A IN THE 118TH DISTRICT COURT
FROM HOWARD COUNTY
NEWELL, J., filed a concurring opinion in which WALKER, J., joined.
This case is about using Zoom for witness testimony at a parole
revocation hearing. I agree with the Court and Judge Walker that
Applicant, Leroy Hilbert Zubiate, is not entitled to habeas relief given
the nature of parole revocation hearings. The United States Supreme
Court has already held that the Sixth Amendment right to confront
witnesses applies to “criminal prosecutions” not parole revocations. 1 So
1
Morrisey v. Brewer, 408 U.S. 471, 480 (1972).
Zubiate Concurring — 2
to the extent that he’s now claiming that the process used violates his
Sixth Amendment right to confront witnesses, his complaint fails under
binding United States Supreme Court precedent. It is enough to simply
say that the full panoply of rights due a defendant in such a criminal
proceeding does not apply to parole revocations as the United States
Supreme Court has already said. 2 There is no reason to embellish the
Court’s legal analysis further with cases involving other applications of
the Sixth Amendment in other types of proceedings. 3 Rather than try
to inflate the value and reach of an otherwise routine case, we should
just rely upon Morrissey instead of trying to walk needlessly through wet
cement. With these thoughts, I concur in the judgment only.
Filed: March 26, 2025
Publish
2
Id.
3
By way of example, I see no need to consider the application of speedy trial rights post-
conviction. Maj. Op. at 2 (citing Betterman v. Montana, 578 U.S. 437, 439 (2016) (the Sixth
Amendment right to a speedy trial does not apply after a conviction or guilty plea)). Nor is it
necessary to address the question of what a witness is or is not. Maj. Op. at 3 (citing Cruz v.
New York, 481 U.S. 186, 190 (1987) (recognizing that the principle that “a witness whose
testimony is introduced in a joint trial with the limited instruction that it be used only to assess
the guilt of one of the defendants will not be considered a witness ‘against’ the other
defendants” does not apply to “validate, under the Confrontation Clause, introduction of a
non-testifying codefendant’s confession implicating the defendant, with instructions that the
jury should disregard the confession insofar as its consideration of the defendant’s guilt is
concerned”)).
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