Court of Criminal Appeals of Texas

Ex Parte Max Moussazadeh, Applicant

February 15, 20122012 Tex. Crim. App. LEXIS 356

Summary

The Court vacated Max Moussazadeh's murder conviction and remanded for a new trial, holding that counsel's erroneous advice about parole eligibility rendered the guilty plea involuntary even though parole eligibility was not an essential element of the plea agreement. The Court also overruled its prior decisions in Ex parte Evans and Moussazadeh II and exercised its authority to reconsider a prior denial of habeas relief. Justice Keller, concurring, questioned the Court's retroactivity analysis and the reasoning on inference stacking.