Ex Parte Jason Christopher Smith

Summary

The Court of Criminal Appeals held that a defendant cannot challenge the adequacy of a statute‑of‑limitations tolling paragraph in a pretrial writ of habeas corpus; such tolling defects are waivable and must be raised in a pretrial motion to dismiss, and therefore the interlocutory appeal was improper. The Court reversed the Court of Appeals and remanded the case to the trial court. Justice Meyers dissented, arguing that the claim should be allowed on a pretrial habeas petition.