Court of Criminal Appeals of Texas

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

March 11, 19981998 Tex. Crim. App. LEXIS 33

Summary

The Court overruled its prior holdings and held that the statute of limitations is a defense that must be asserted by the defendant, shifting the burden to the State only when the defense is raised; it affirmed the trial court judgments and reversed the appellate judgments. The dissenting opinions argue that this change improperly retroactively alters established law and violates due‑process protections.