Court of Criminal Appeals of Texas

Ex Parte James Otis Brown, Applicant

January 12, 20052005 Tex. Crim. App. LEXIS 7

Summary

The Court of Criminal Appeals granted the applicant’s habeas corpus petition, holding that the trial judge’s promise to impose the maximum sentence constituted a due‑process violation and that the applicant was entitled to a new revocation hearing; the Court also held that such a due‑process claim may be raised for the first time on habeas despite not being raised on direct appeal. Justice WOMACK, dissenting, disagreed, arguing the claim was procedurally defaulted and should be denied.