Selvage v. Collins/Concurrence Blackmun

Justice BLACKMUN, with whom Justice BRENNAN joins, concurring.

I concur in the Court's disposition of this case. Petitioner contends that, under the rule announced in Ex parte Chambers, 688 S.W.2d 483 (Tex.Crim.App.1984), the Texas courts no longer will regard his Penry claim as procedurally barred. It is appropriate that this issue should be resolved as an initial matter, since if petitioner is correct it will be unnecessary to decide the federal question on which we granted certiorari. I also note that the Court of Appeals is free, if it wishes, to certify an appropriate question to the Texas Court of Criminal Appeals.