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Court of Criminal Appeals of Texas


Ex parte Delaney, 75,291

In order for a pretrial or presentencing waiver of the right to appeal to be binding at the punishment phase of trial, the waiver must be voluntary, knowing, and intelligent. Simply knowing the range of punishment for the offense is not enough to make the consequences of a waiver known with certainty, because it still does not allay the concern that unanticipated errors may occur at the punishment phase of trial.

Appellate Information

  • Decided 11/22/2006
  • Published 11/29/2006

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Court

  • Court of Criminal Appeals of Texas

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