Court of Criminal Appeals of Texas

James David Peacock, Appellant v. the State of Texas

May 29, 20022002 Tex. Crim. App. LEXIS 112

Summary

The Court held that the State failed to show due diligence in executing the capias, rendering the revocation of the appellant's probation invalid; therefore the judgment was reversed and the case remanded for further proceedings. Justice Keller dissented, arguing that the appellant's own conduct barred a due‑diligence defense.