Court of Criminal Appeals of Texas

Ex Parte James Earl Sadberry

November 3, 19931993 Tex. Crim. App. LEXIS 170

Summary

The Court denied the applicant's post‑conviction habeas corpus petition, holding that a failure to sign the statutorily required written jury‑waiver form is not a cognizable ground for relief because it is merely an irregularity and does not constitute a jurisdictional defect or denial of a fundamental or constitutional right. The dissent argues the claim should be cognizable and that the majority improperly overruled Felton.