Ex Parte Joshua Wayne Delaney, Applicant.

Summary

The Court held that the defendant's pre‑trial waiver of the right to appeal was not knowing and intelligent because it was unbargained for and the ultimate punishment was uncertain, therefore the waiver did not bar appeal of the sentence. The trial court's denial of the right to appeal was reversed and the defendant was granted habeas relief, with the lower court instructed to certify his right to appeal.