Court of Criminal Appeals of Texas

Alfred Woodrow Wilson, Appellant v. the State of Texas

October 14, 19981998 Tex. Crim. App. LEXIS 133

Summary

The Court affirmed Wilson's conviction, holding that a defendant who fails to object pretrial to a procedural irregularity in the assignment of a retired judge forfeits the right to raise that issue on appeal; such challenges must be brought in a quo warranto proceeding, which only the State may initiate. Justice Keller concurred, disagreeing with the majority's view that a pretrial objection could preserve error.