State of Texas v. Heilman, Ex Parte Eric Michael

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1591-13 THE STATE OF TEXAS v. ERIC MICHAEL HEILMAN, Appellee ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE NINTH COURT OF APPEALS JEFFERSON COUNTY J OHNSON, J., filed a dissenting opinion. DISSENTING OPINION While I agree that Eric Heilman is not entitled to relief on his “statute of limitations” claim, I cannot join the majority’s opinion or its judgment because it is neither necessary nor appropriate to overrule our prior decision in Phillips v. State.1 Here, the defendant explicitly traded his right to make any “statute of…