Toby Wayne Johnson, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals held that the absence of a written jury waiver is not harmful when the record shows the defendant waived his right to a jury trial, reversing the Court of Appeals and affirming the trial court judgment. The majority relied on the presumption of regularity and Rule 44.2(b) harmless error analysis. Two dissenting opinions argued that the statutory violation was harmful and that the majority misapplied the harmless error standard.