Davis v. State

TIM TAFT Justice,

dissenting from denial of en bane review.

This case presents an important issue because it potentially could be raised in more than 90% of all criminal cases, namely, whether a criminal defendant who pleads guilty pursuant to a plea bargain agreement can appeal the voluntariness of his plea without permission of the trial court. The issue is hotly contested: nine courts of appeals have decided it one way; and two courts of appeals have decided it the other way. Therefore, I believe this issue is important enough to merit en banc review by this Court.

There are three reasons why…