void judgment exception in Texas

2024“The void judgment exception recognizes that there are some rare situations in which a trial court’s judgment is accorded no respect due to a complete lack of power to render the judgment in question.” Nix, 65 S.W.3d at 667 .

2024The void judgment exception arises in the rare situation in which a trial court’s judgment “is accorded no respect due to a complete lack of power to render the judgment in question.” Id.

2020The void judgment exception requires that the claimed defect be one that renders the original judgment of conviction a “nullity” that is “accorded no respect due to a complete lack of power to render the judgment in question.” Id. (quoting Nix v. State, 65 S.W.3d 664, 668 (Tex. Crim.

2018In Wright , the Court of Criminal Appeals briefly discussed, without explicitly holding, whether an "illegal sentence" could render an original conviction void under the void judgment exception. 506 S.W.3d at 482 .

2025Instead, Jordan instructs that “[a]n involuntariness claim is the type of claim that is cognizable on a writ of habeas corpus.” Id.

2023The State urges that there are two possible exceptions to this general rule; “the void judgment exception,” and “the habeas corpus exception,” 3 neither of which 3 While the State suggests that the “habeas corpus exception” continues, the Court of Criminal Appeals explicitly rejected the “concept of a ‘functional’ writ of habeas corpus” in Jordan v. State, 54 S.W.3d 783, 786 (Tex. Crim.

2021Therefore, Busby’s complaint does not raise the void-judgment exception, and he may not now challenge the sufficiency of the evidence as to his 2016 conviction by way of his appeal of his conviction for felony assault family Busby v. State Page 4 violence.3 See id.; see also Ex parte Williams, 703 S.W.2d at 677 ; Galloway, 578 S.W.2d at 143 ; Wolfe, 560 S.W.2d at 688 .

2021See generally Ex parte Williams, 703 S.W.2d 674, 679 (Tex. Crim.

2009Nix, 65 S.W.3d at 667-68; Jordan, 54 S.W.3d at 785 (recognizing the void-judgment exception); see also Ex parte Patterson, 969 S.W.2d 16, 19 (Tex. Crim.

2009Nix , 65 S.W.3d at 667-68; Jordan , 54 S.W.3d at 785 (recognizing the void-judgment exception); see also Ex parte Patterson , 969 S.W.2d 16, 19 (Tex. Crim.

2022Because the record does contain evidence supporting Appellant’s conviction, he may not challenge the trial court’s imposition of deferred adjudication community supervision under the void judgment exception.1 Accordingly, we overrule Appellant’s second issue. 1 We recognize that “[i]nvoluntary plea or ineffective assistance claims, even if meritorious, do not render a conviction void.” Few v. State, 136 S.W.3d 707, 712 (Tex. App.—El Paso 2004, no pet.); see also Sisk v. State, No. 02-05-301-CR, 2006 WL 744302 (Tex. App.—Fort Worth March 23, 2006, pet. ref’d) (mem. op., not designated for publi

2007Nix , 65 S.W.3d 667 ; Few , 136 S.W.3d at 711 .

2022Pizana, 398 S.W.3d at 731 .

2022In this case, Appellant signed a judicial confession 10 wherein he admitted that he committed every act alleged in the indictment and that the “deadly weapon allegations are true and correct.” For purposes of a no evidence challenge under the void judgment exception, “a judicial confession alone is sufficient to sustain a conviction upon a guilty plea.” Pizana, 398 S.W.3d at 731 .

2021For the void judgment exception to apply, Appellant must show “a complete lack of evidence to support [his] conviction, not merely insufficient evidence.” Nix, 65 S.W.3d at 668 n.14; see also Crume v. State, 342 S.W.3d 241, 244 (Tex. App.—Beaumont 2011, no pet.) (finding that “the record must show a due process violation arising from a complete absence of evidence” for the void judgment exception to apply).

2019Crume v. State, 342 S.W.3d at 243 .

2025Hoang v. State, 872 S.W.2d 694, 698 (Tex. Crim.

2023A void judgment is a ‘nullity’ and can be attacked at any time.” (internal footnotes omitted)); see Masa Custom Homes, LLC v. Shahin, 547 S.W.3d 332, 338 (Tex. App.—Dallas 2018, no pet.) (concluding that when a judge has no authority to render an order or judgment, that order or judgment is void).

2015See In re Gooch, 153 S.W.3d 690,693 (Tex.App.-Tyler 2005).

2015See In re Gooch, 153 S.W.3d 690, 693 (Tex.App.-Tyler 2005).

2015See Hill v. State, 440 S.W.3d 670, 676 (Tex. App.--Tyler 2012, no pet.) (citing Nix, 65 S.W.3d at 667 ).

2015App. 2001) (“The void judgment exception recognizes that there are some rare situations in which a trial court’s judgment is accorded no respect due to a complete lack of power to render the judgment in question.”); see also In re Leonard, 402 S.W.3d 421, 423 (Tex. App.—Fort Worth 2013, orig. proceeding [mand. conditionally granted]) (“Estoppel, however, cannot apply if the trial court had no subject[-]matter jurisdiction.”).

2013App. P. 38.1(f). 4 See Smith v. State, 316 S.W.3d 688, 694 (Tex. App.—Fort Worth 2010, pet. ref’d). 4 Such complaints, to the extent they could have survived her waiver of appeal signed before she was placed on deferred adjudication community supervision, should have been made in an appeal from the judgment placing her on deferred adjudication community supervision.5 Further, Appellant raises no contention that would trigger the void judgment exception, erase this deadline, and thereby allow her to bring those complaints now.6 We therefore confine our analysis to Appellant’s contentions that t

2011Id. at 668 (“If the original judgment imposing probation was void, then the trial court would have no authority to revoke probation!], since, with no judgment imposing probation (because it is a nullity), there is nothing to revoke.”).

2005See Ebiana , 77 S.W.3d at 438 .

2003See Santana v. State, 59 S.W.3d 187, 195 (Tex.Crim.App. 2001); Gollihar v. State, 46 S.W.3d 243, 257 (Tex.Crim.App. 2001). 6 mandamus order which he earlier sought and obtained from this court was erroneous.

2003See Santana v. State, 59 S.W.3d 187, 195 (Tex.Crim.App. 2001); Gollihar v. State, 46 S.W.3d 243, 257 (Tex.Crim.App. 2001). 6 mandamus order which he earlier sought and obtained from this court was erroneous.