James David Peacock, Appellant v. the State of Texas

Summary

The Court held that the State must demonstrate by a preponderance of the evidence that it exercised due diligence in executing the capias issued before the appellant's probation expired. Because the State only entered the capias into the statewide database and mailed a letter to a post office box, the Court found no due diligence and reversed the revocation judgment, remanding for further proceedings. The decision affirms the established Texas rule that jurisdiction to revoke probation continues beyond the supervision period only if due diligence is shown. A dissent argued that the appellant's own conduct barred him from invoking the due‑diligence defense.