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I am dealing with a case with a strange twist. Defendant pleads guilty to child abuse and is place on probation. State files motion to revoke and defendant files 11.072 writ application claiming involuntary plea. Trial court denies and defendant appeals. Court of appeals holds defendant failed to prove claim and affirms trial court's judgement. Trial court extends probation. State files second motion to revoke and trial court revokes. Defendant appeals trying to claim involuntary plea. Does anyone have any authority holding that the 11.072 appeal holding would bar raising the same claim in the direct appeal of the revocation?
 
Posts: 109 | Location: Llano, TX USA | Registered: June 29, 2009Reply With QuoteReport This Post
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Whether it falls under the head of res judicata, collateral estoppel, or law of the case, I would just cite the judgment in the 11.072 case as a final determination of the issue, that the plea was voluntary. The opinion of the COA is also binding under the doctrine of stare decisis. These theories will effectively act as a bar, even if not designated as such.
 
Posts: 2320 | Registered: February 07, 2001Reply With QuoteReport This Post
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Thanks for the response. At the time of the plea adjudication was deferred. My main argument is that the defendant can not wait until the revocation to complain of an involuntary plea. Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999). But I also wanted to argue that it is also barred by the prior decision.
 
Posts: 109 | Location: Llano, TX USA | Registered: June 29, 2009Reply With QuoteReport This Post
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