Aaron Dwayne Proctor and Jonathan L. Lemell, Appellants v. the State of Texas

Summary

The Court overruled longstanding precedent and held that the statute of limitations is a defense that must be asserted by the defendant, and the State bears the burden of proving the prosecution is not limitations‑barred only when evidence exists and the defendant requests a jury instruction. Because the appellants never raised the defense, the State had no burden and their convictions were affirmed. Justice Meyers and Justice Overstreet each dissented, arguing the change violates ex post facto principles and overturns a century of law.