Legal Opinion

Ex Parte Thomas

Court of Criminal Appeals of Texas

Decided January 19, 1977No. 51829PublishedCited by 77 opinions

1Opinion of the Court

OPINION

DALLY, Commissioner.

This is a post conviction writ of habeas corpus proceeding. See Article 11.07, V.A. C.C.P.

The petitioner, who was convicted for the offense of involuntary manslaughter, asserts that he was denied the right of appeal. The petitioner gave written notice of appeal within ten days after he was sentenced. He contends that this meets the requirements of Article 44.08, V.A.C.C.P., and regardless of the waiver he made, he was entitled to appeal. The question presented is whether a defendant is bound by his agreement to waive appeal when that agreement is made after judgment…

2Cases cited5 opinions

  1. Ex Parte YoungCourt of Criminal Appeals of Texas · 1967
  2. Ex Parte DickeyCourt of Criminal Appeals of Texas · 1976
  3. Reed v. StateCourt of Criminal Appeals of Texas · 1974
  4. Ex Parte TownsendCourt of Criminal Appeals of Texas · 1976
  5. Bailey v. StateCourt of Criminal Appeals of Texas · 1976

3Cited by77 opinions

  1. Monreal v. StateCourt of Criminal Appeals of Texas · 2003
  2. Blanco v. StateCourt of Criminal Appeals of Texas · 2000
  3. Buck v. State, Texas Court of Appeals, 1st District (Houston)2001
  4. Ex Parte DelaneyCourt of Criminal Appeals of Texas · 2006
  5. Ex Parte ReedyCourt of Criminal Appeals of Texas · 2009

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