Court of Criminal Appeals of Texas

Timothy Jordan, Appellant v. the State of Texas

June 27, 20012001 Tex. Crim. App. LEXIS 54

Summary

The Court affirmed the Court of Appeals' judgment and held that a defendant cannot raise an involuntary plea claim on revocation of regular or deferred adjudication community supervision unless the claim is brought as a proper writ of habeas corpus under the procedures of Article 11. The Court overruled prior precedent (Whetstone, Manuel, Carter, Warren) and applied the new rule retroactively under the Stovall v. Denno balancing test. A dissent argued that the overruling unjustly curtails appellate rights.