Court of Criminal Appeals of Texas

Robert Ferdinand Fowler, Appellant v. the State of Texas

March 31, 19991999 Tex. Crim. App. LEXIS 24

Summary

The Court affirmed the Tenth Court of Appeals, holding that the application of the newly enacted Rule 44.2 was proper and did not violate the Texas Constitution’s retroactive law prohibition because procedural review mechanisms are not vested substantive rights. A concurring opinion noted the majority’s analysis of potential injustice was insufficient but agreed with the judgment.