Court of Criminal Appeals of Texas

Ex Parte Jason Christopher Smith

October 19, 20052005 Tex. Crim. App. LEXIS 1773

Summary

The Court held that a defendant cannot challenge the adequacy of a tolling allegation in a pretrial writ of habeas corpus; such defects must be raised in a pretrial motion to dismiss and are waived if not, and therefore are not subject to interlocutory appeal. The Court reversed the Court of Appeals and remanded for further proceedings.