Court of Criminal Appeals of Texas

Ex Parte Steven Jerald McCAIN, Appellant

January 9, 20022002 Tex. Crim. App. LEXIS 3

Summary

The Court affirmed the lower courts, holding that a violation of the mandatory statutory requirement to appoint counsel before a felony defendant waives a jury trial is not cognizable on a writ of habeas corpus because habeas relief is limited to jurisdictional defects or constitutional/fundamental rights. The dissent argued that such statutory violations render a conviction void and should be reviewable on habeas.