Court of Criminal Appeals of Texas

Ex Parte Delma Banks, Jr.

March 29, 19891989 Tex. Crim. App. LEXIS 71

Summary

The Court of Criminal Appeals of Texas denied the applicant's rehearing petition, holding that the prospective jurors Dillon and Ervin were properly excused and that the alleged improper excusal of juror McAfee on statutory grounds cannot be raised for the first time in a post‑conviction habeas corpus proceeding. The majority reaffirmed the principle that the Great Writ may not be used to litigate matters that should have been raised on direct appeal.