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 habeas corpus petition, holding that a claim of improper juror excusal based on a procedural statute is not a jurisdictional or constitutional error and therefore cannot be raised for the first time in a post‑conviction writ. The Court also affirmed that the two jurors previously challenged were properly excused.