Thomas Ray Breazeale and Wallace Neil Higgs, Jr., Appellants v. the State of Texas, Appellee

Summary

The Court held that a recital in a judgment that a defendant waived his right to a jury trial does not satisfy the statutory requirement of a written, signed waiver under Art. 1.13, V.A.C.C.P.; therefore the State must produce the defendant's signed waiver. The Court affirmed the trial court's judgment for Breazeale and remanded Higgs for further appellate review. Justice Clinton, dissenting, argued that the presumption of regularity should apply, while Justice Davis, concurring, agreed with the majority.