Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Appeal of a Criminal Conviction

The Texas Court of Criminal Appeals decided last year that in determining that a plea was involuntary, an appellate court may not rely on unsworn allegations made by trial counsel in a document that was faxed to the court coordinator, and later filed with the district clerk, when no fact-finder has evaluated that statement.  

The court of appeals erred to rely on the allegations in the "Motion for Appeal" because post-trial motions such as these are not self-proving and any allegations made in support of them by way of affidavit or otherwise must be offered into evidence at a hearing.  

Second, when a defendant enters an open plea of guilty and the trial court, after admonishing the defendant , accepts the plea and finds the defendant guilty, the trial court's subsequent offer of a non-negotiated sentence-settlement does not constitute judicial coercion or judicial plea bargaining affecting the voluntariness of the plea.

Plea bargaining by the trial court concerning the appellant's punishment could not have influenced appellant's decision to enter and "open" plea of guilty the day before. 

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions