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

Summary

The Texas Court of Criminal Appeals affirmed the lower court, holding that Rule 40(b)(1) limits a defendant’s appeal after a plea bargain to jurisdictional issues unless the trial court grants permission, and that the trial judge’s familial relationship to the victim did not disqualify him under Article V, Section 11 or Article 30.01. The dissenting judges argued the rule is not jurisdictional and that the appellate court should have considered the sufficiency and ineffective assistance claims.