Lyon v. State

This Coui’t has addressed the issues raised in this case too recently and with too much unanimity to let today’s sudden change of course go unremarked. Because the majority ignores the plain meaning of its own rules and the clear direction of its own precedent, I must dissent.

The majority concedes that “[o]ur caselaw [construing Tex.R.App.Pro., Rule 40(b)(1) and its predecessor, former Article 44.02, V.A.C.C.P.] is not exactly a model of clarity and concise legal analysis.” 870 S.W.2d at 45. I agree. See Morris v. State, 749 S.W.2d 772, 778-80 (Clinton, J., dissenting). Unfortunately, the…