Ex Parte Sadberry

The majority holds applicant’s claim that his conviction should be overturned because his waiver of jury trial was not in writing, as required by Articles 1.13 and 1.15, V.A.C.C.P., is not cognizable in an application for writ of habeas corpus brought pursuant to Article 11.07, V.A.C.C.P. It is not cognizable, the majority holds, because neither the United States Constitution nor the Constitu*544tion of the State of Texas requires that the waiver of a jury trial be committed to writing, and therefore the defect that applicant complains of constitutes a mere “irregularity in the proceedings in the…