20 Texas opinions name it 2 courts 2002–2018 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ex Parte Delaneygreen2 sentences2018App. 2009) (discussing the state of the law with respect to the validity of waivers of appeal prior to Broadway, and observing that a defendant’s waiver of appeal will be “knowing” only when he is “in a position to know the nature of the claims he could have brought on appeal but for his waiver”). 5 See Broadway, 301 S.W.3d at 697 (“A key component to our analysis in Delaney was that the waiver of appeal was not the result of a bargain.”); Delaney, 207 S.W.3d at 798 (“When a presentencing waiver of appeal was not bargained for in exchange for an agreed upon sentence, concerns as to the validit 2018App. 2009) (discussing the state of the law with respect to the validity of waivers of appeal prior to Broadway , and observing that a defendant's waiver of appeal will be "knowing" only when he is "in a position to know the nature of the claims he could have brought on appeal but for his waiver"). 5 See Broadway , 301 S.W.3d at 697 ("A key component to our analysis in Delaney was that the waiver of appeal was not the result of a bargain."); Delaney , 207 S.W.3d at 798 ("When a presentencing waiver of appeal was not bargained for in exchange for an agreed upon sentence, concerns as to the vali | 4 | 9 |
Ex Parte Broadwaygreen2 sentences2018App. 2009) (discussing the state of the law with respect to the validity of waivers of appeal prior to Broadway , and observing that a defendant's waiver of appeal will be "knowing" only when he is "in a position to know the nature of the claims he could have brought on appeal but for his waiver"). 5 See Broadway , 301 S.W.3d at 697 ("A key component to our analysis in Delaney was that the waiver of appeal was not the result of a bargain."); Delaney , 207 S.W.3d at 798 ("When a presentencing waiver of appeal was not bargained for in exchange for an agreed upon sentence, concerns as to the vali 2018App. 2009) (discussing the state of the law with respect to the validity of waivers of appeal prior to Broadway, and observing that a defendant’s waiver of appeal will be “knowing” only when he is “in a position to know the nature of the claims he could have brought on appeal but for his waiver”). 5 See Broadway, 301 S.W.3d at 697 (“A key component to our analysis in Delaney was that the waiver of appeal was not the result of a bargain.”); Delaney, 207 S.W.3d at 798 (“When a presentencing waiver of appeal was not bargained for in exchange for an agreed upon sentence, concerns as to the validit | 3 | 7 |
Jones, Andrew Oleviagreen2 sentences2018App. 2009) (discussing the state of the law with respect to the validity of waivers of appeal prior to Broadway , and observing that a defendant's waiver of appeal will be "knowing" only when he is "in a position to know the nature of the claims he could have brought on appeal but for his waiver"). 5 See Broadway , 301 S.W.3d at 697 ("A key component to our analysis in Delaney was that the waiver of appeal was not the result of a bargain."); Delaney , 207 S.W.3d at 798 ("When a presentencing waiver of appeal was not bargained for in exchange for an agreed upon sentence, concerns as to the vali 2018App. 2009) (discussing the state of the law with respect to the validity of waivers of appeal prior to Broadway, and observing that a defendant’s waiver of appeal will be “knowing” only when he is “in a position to know the nature of the claims he could have brought on appeal but for his waiver”). 5 See Broadway, 301 S.W.3d at 697 (“A key component to our analysis in Delaney was that the waiver of appeal was not the result of a bargain.”); Delaney, 207 S.W.3d at 798 (“When a presentencing waiver of appeal was not bargained for in exchange for an agreed upon sentence, concerns as to the validit | 3 | 3 |
Ex Parte Thomasgreen2 sentences2003See id.; Ex parte Thomas , 545 S.W.2d 469, 470 (Tex. Crim. 2003See id .; E x parte Thomas , 545 S.W.2d 469, 470 (Tex. Crim. | 2 | 5 |
Washington v. Stategreen2 sentences2013Id.; see also Washington v. State, 363 S.W.3d 589 , 589–90 (Tex. Crim. 2013Id.; see also Washington v. State, 363 S.W.3d 589 , 589–90 (Tex. Crim. | 2 | 2 |
Palmberg, Bryan Elliottgreen2 sentences2018App. 2016) ("[W]e conclude that the documents in the record here are adequate to show that appellant's waiver of his right of appeal was a part of his plea agreement and that he received consideration for it."). 6 See SPA's Brief on the Merits at 15 (arguing that the Court has "shift[ed] its focus from what the defendant was told to what he knew he did not know[,]" citing Ex parte Palmberg , 491 S.W.3d 804 , 809 (Tex. Crim. 2018App. 2016) (“[W]e conclude that the documents in the record here are adequate to show that appellant’s waiver of his right of appeal was a part of his plea agreement and that he received consideration for it.”). 6 See SPA’s Brief on the Merits at 15 (arguing that the Court has “shift[ed] its focus from what the defendant was told to what he knew he did not know[,]” citing Ex parte Palmberg, 491 S.W.3d 804, 809 (Tex. Crim. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Monreal v. State
green
1 sentence2009Delaney waived his right to appeal after he was placed on deferred-adjudication community supervision. 35 Months later, the State moved to proceed to adjudication, which the trial court did, imposing a life sentence.36 In a post-conviction writ, Delaney argued that he had been denied his right to appeal.37 We observed that “[w]hen a presentencing waiver of appeal was not bargained for in exchange for an agreed upon sentence, concerns as to the validity of the waiver are raised.” 38 Likening Delaney’s situation to that of Townsend, we held that his waiver of 33 Id. at 618 . 34 207 S.W.3d 794 (T | 1 | 2009–2009 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.