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Court of Criminal Appeals of Texas


Ex parte Douthit, 75,267

In a capital murder case in which applicant was sentenced to life imprisonment pursuant to a plea agreement, applicant's writ of habeas corpus alleging that he is entitled to relief because, when he entered his plea, the law did not allow a defendant to waive the right to a jury trial in a capital case, is denied as the claim is not cognizable. The court of criminal appeals will not grant habeas relief where there is no federal constitutional right and the defendant waived a right in a manner inconsistent with the procedures outlined only by statute, but the record reflects that the defendant did so knowingly and voluntarily.

Appellate Information

  • Decided 05/23/2007
  • Published 05/23/2007

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Court

  • Court of Criminal Appeals of Texas

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