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Ex parte Smith

October 19, 2005
No. PD-0616-04
Dissenting opinion by Judge Meyers
Link to Majority opinion by Per Curiam


IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0616-04

JASON CHRISTOPHER SMITH, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

DENTON COUNTY

Meyers, J., filed a dissenting opinion.

DISSENTING OPINION

When we changed the disposition of statute of limitations in Proctor and Lemell[1] we suggested many ways for defendants to seek pre trial relief.  Because of the tenuous nature of statutes of limitations, I would allow this claim to be brought on pretrial habeas.  Therefore, I respectfully dissent.

Meyers, J.

 

Filed: October 19, 2005

Publish

 



[1]967 S.W.2d 840 (Tex. Crim. App. 1998)


This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors.

Baker's Legal Pages are a public service of Freelance Enterprises, Inc.

Casenotes Listing Table of Recent Opinions
Send your comments or suggestions to fei@bakers-legal-pages.com
© 2005 Lang Baker