Ex Parte Jerry McReed Patterson

Summary

The Court held that the inmate had a protectable liberty interest under the Texas Constitution and was entitled to notice that the State would seek an affirmative finding on the use or exhibition of a deadly weapon, but the notice need not be placed in the indictment; the judgment was ordered reformed to delete the special‑issue finding, leaving the conviction otherwise intact. Justice Miller, in a concurring opinion, agreed with the majority’s notice requirement but emphasized the traditional pleading rule for such issues.