Ex Parte Douthit

232 S.W.3d 69, 2007 Tex. Crim. App. LEXIS 652, 2007 WL 1490469
CourtCourt of Criminal Appeals of Texas
DecidedMay 23, 2007
DocketAP-75267
StatusPublished
Cited by24 cases

This text of 232 S.W.3d 69 (Ex Parte Douthit) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Douthit, 232 S.W.3d 69, 2007 Tex. Crim. App. LEXIS 652, 2007 WL 1490469 (Tex. 2007).

Opinions

OPINION

KEASLER, J.,

delivered the opinion of the Court in which

KELLER, P.J., MEYERS, WOMACK, HERVEY, and COCHRAN, JJ., joined.

Shannon Mark Douthit pled guilty to capital murder, and the trial judge sentenced him to life imprisonment pursuant to a plea agreement. Douthit filed this application for a -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. We conclude his claim is not cognizable and deny relief.

Procedural Posture

Shannon Mark Douthit was charged with capital murder. The indictment alleged that Douthit knowingly and intentionally caused the death of two individuals with a deadly weapon, a handgun, during the same criminal transaction on or about December 13, 1986. On May 29, 1987, Douthit waived a jury trial and pled guilty to the charge as alleged in the indictment. Pursuant to a plea agreement with the State, the trial judge sentenced Douthit to a term of life imprisonment and entered an affirmative deadly weapon finding. Having waived his right to appeal, Douthit did not appeal.

Almost eighteen years after he entered his guilty plea and was sentenced, Douthit filed an application for a writ of habeas corpus alleging, among other things, that when he pled guilty, the applicable law “did not allow a defendant to waive the right to a jury trial in a capital case.”

Before September 1, 1991, Article 1.13 of the Texas Code of Criminal Procedure, titled: Waiver of Trial by Jury, stated that a

defendant in a criminal prosecution for any offense classified as a felony less than capital shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that such waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the State. The consent and approval by the court shall be entered of record on the minutes of the court, and the consent and approval of the attorney representing the State shall be in writing, signed by him, and filed in the papers of the cause before the defendant enters his plea. Before a defendant who has no attorney can agree to waive the jury, the court must appoint an attorney to repre[71]*71sent him.1

Additionally, Article 1.14 provided that a “defendant in a criminal prosecution for any offense may waive any rights secured him by law except the right of trial by jury in a capital felony case.”2

Citing our decisions in Ex parte Dow-den,3 Ex parte Jackson,4 and Ex parte Bailey5 where we granted relief to habeas applicants on the same claim that Douthit raises here, the trial judge concluded that Douthit is entitled to relief because his judgment and sentence are void. We filed and set this case to determine if Douthit is entitled to relief. Toward that end, we find it necessary to reexamine our holdings in those cases, which were decided more than twenty years ago, in light of our more recent habeas corpus jurisprudence.

Law and Analysis

“A writ of habeas corpus is available only for relief from jurisdictional defects and violations of constitutional or fundamental rights.”6 Douthit cites our prior cases granting habeas relief on his claim:

[T]his Court ha[s] made a judicial determination that the Texas Legislature had by statute intentionally and completely divested the trial court of authority to assess punishment against a capital defendant during the time period in which this case was decided. The record leaves no question about the fundamental defect, for the judgment and sentence recites on its face that the Defendant waived his right to trial by jury and pled guilty to the charge of capital murder, and that the Trial Court found him guilty of that crime and assessed punishment at life in prison, all in clear contravention of the law as it existed in 1987. As this act was not authorized by law, it was an “illegal act,” and the judgment and sentence are therefore void for illegality under Ex parte Seidel. This type of void judgment is a “nullity” and can be attacked at any time.7

In opposition, the State asserts that a knowing and voluntary waiver of the rights involved in former Articles 1.18 and 1.14 of the Code of Criminal Procedure does not implicate constitutional concerns and that our recent cases have invalidated the cases on which Douthit relies. Therefore, the State argues that Douthit’s claim should not be cognizable on a writ of habeas corpus. Citing a Fifth Circuit case, Parrish v. Beto, the State explains that “there is no federal constitutional necessity for a jury to set punishment on a guilty plea. Therefore, any violation of the law involved [is] only statutory in nature. Since there is no violation of a constitutional right, there is nothing to be raised in a habeas proceeding.”8 Douthit did not respond to the State’s cognizability argument.

As we noted in Ex parte Graves, “[w]e are mindful of the fact that we have not always addressed the threshold issue of [72]*72our habeas corpus jurisdiction before addressing the merits of a given claim. We should.”9

In Ex parte McCain, we considered the cognizability of a habeas corpus application involving another provision of Article 1.13 of the Texas Code of Criminal Procedure.10 There, the appellant, McCain, argued that his guilty plea was void because the trial judge did not appoint him an attorney before he made his oral and written agreement to waive a jury trial in his felony indecency with a child by exposure case as required by Article 1.13(c).11 Because his plea was void, McCain alleged that his claim was cognizable on a writ of habeas corpus.12 We disagreed.13

We questioned whether McCain’s conviction was “void.”14 Noting that the distinction between “void” and “voidable” convictions in our jurisprudence was confusing,15 we explained:

“Void” convictions should be defined as those in which the trial court lacked jurisdiction over the person or subject matter or in which the trial judge lacked qualification to act in any manner. Procedural errors or statutory violations may be reversible error on direct appeal, but they are not “fundamental” or “constitutional” errors which require relief on a writ of habeas corpus. We should clearly define the scope of issues and claims that are cognizable on a writ of habeas corpus as those which raise either jurisdictional defects or constitutional claims.16

Turning to the statute at issue, we noted that most of the provisions in the Code of Criminal Procedure are “mandatory,” because they require that a trial judge “ ‘shall’ or ‘must’ do something in a particular manner.”17 But we determined that Article 1.13(c) did not encompass a constitutional or fundamental right,18

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Ex Parte Douthit
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Cite This Page — Counsel Stack

Bluebook (online)
232 S.W.3d 69, 2007 Tex. Crim. App. LEXIS 652, 2007 WL 1490469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-douthit-texcrimapp-2007.