Legal Opinion
Ex Parte McCain
Court of Criminal Appeals of Texas
Decided January 9, 2002No. 1727-00PublishedCited by 117 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which KELLER, P.J., MEYERS, WOMACK, KEASLER, and HERVEY, JJ., joined.
In this case, appellant argues that, because he was not appointed an attorney before he made his oral and written agreement to waive a jury trial, his voluntary guilty plea is void and therefore *206cognizable on a writ of habeas corpus.1 We conclude that the violation of a procedural statute, even a “mandatory” statute, is not cognizable on a writ of habeas corpus. Although article 1.13(c) of the Texas Code of Criminal Procedure2 states that the trial court “must” appoint an attorney to represent a felony defendant…
3Cases cited21 opinions
- Nix v. StateCourt of Criminal Appeals of Texas · 2001
- Young v. StateCourt of Criminal Appeals of Texas · 2000
- Garcia v. DialCourt of Criminal Appeals of Texas · 1980
- Helms v. StateCourt of Criminal Appeals of Texas · 1972
- Ex Parte SeidelCourt of Criminal Appeals of Texas · 2001
16 more not listed; retrieve them via the Exa API.
4Cited by117 opinions
- Ex Parte RichCourt of Criminal Appeals of Texas · 2006
- Moss, Jecia JavetteCourt of Criminal Appeals of Texas · 2014
- Ex parte WeinsteinCourt of Criminal Appeals of Texas · 2014
- Farmer, Kody WilliamCourt of Criminal Appeals of Texas · 2013
- Ex parte CarterCourt of Criminal Appeals of Texas · 2017
112 more not listed; retrieve them via the Exa API.