Ledesma v. State

In my judgment, the “agreed case” problem is knottier than any contemporaneous opinion has thus far indicated, and it needs to be addressed.

Article Y, Sec. 25 is an obscure provision in our Texas Constitution that is often overlooked. It grants to the Supreme Court “power to make and establish rules of procedure not inconsistent with the laws of this State for the government of said court and the other courts of this State ...” Equally little regarded is an opinion of the Court respecting that provision: Sessions v. State, 81 Tex.Cr.R. 424, 197 S.W. 718 (1917). It has not been overruled,…