Court of Criminal Appeals of Texas

Damian Demarcus Willis, Appellant v. the State of Texas

November 19, 20032003 Tex. Crim. App. LEXIS 843

Summary

The Court held that a trial court’s written permission to appeal overrides a defendant’s prior waiver of the right to appeal contained in standardized plea documents, allowing the appeal to proceed. The appellant’s appeal was remanded to the Court of Appeals for consideration on its merits. Justice Keller, dissenting, argued that the waiver remains controlling and the permission does not suffice to permit appeal.