Edward B. Lyon, Jr., Appellant v. the State of Texas, Appellee

Summary

The Court affirmed the Court of Appeals, holding that under Rule 40(b)(1) a defendant must obtain the trial court's permission to appeal any non‑jurisdictional issue arising after a plea‑bargained conviction and that a general notice of appeal confers jurisdiction only for jurisdictional issues; it also affirmed that the trial judge was not disqualified from presiding. Justice Clinton, dissenting, would have held that Rule 40(b)(1) is not jurisdictional and that the appellate court should have considered the sufficiency and ineffective‑assistance claims.