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Ex Parte Higginbotham

Ex Parte William T. HIGGINBOTHAM

Ex Parte Higginbotham, 382 S.W.2d 927 (Tex. Crim. App. 1964)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
October 21, 1964
Docket
No. 37451
Judges
Woodley
Citations
382 S.W.2d 9271964 Tex. Crim. App. LEXIS 1075

Opinion — Woodley

WOODLEY, Presiding Judge.

This is an original application for writ of habeas corpus by which the petitioner seeks his release from the penitentiary on the ground that he was not represented by counsel when he waived a jury and pleaded guilty before the court *928 On January 30, 1964 the petitioner entered his plea of guilty in Cause No. 686S6 before the Criminal District Court of Tarrant County to the offense of robbery and waived a trial by jury. There being no showing that the defendant was indigent, no attorney was appointed to represent him.

Art. 10a, Vernon’s Ann.C.C.P., provides that before a defendant who has no attorney can agree to waive a jury, the court must appoint an attorney to represent him. This provision is mandatory and applies whether the defendant is indigent or not. Failure to comply renders the conviction void. Ex parte Rawlins, 158 Tex.Cr.R. 346 , 255 S.W.2d 877 ; Ex parte Ross, 165 Tex.Cr.R. 246 , 305 S.W.2d 958 .

The petition for writ of habeas corpus is granted; the petitioner is ordered released from the penitentiary and delivered to the custody of the Sheriff of Tarrant County, Texas, to answer the indictment in Cause No. 68656 in the Criminal District Court of Tarrant County.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1968: 11969: 11975: 12000: 12002: 119682026peak 1968 · 1

Relies on it most ⓘ

  1. Ex Parte McCain67 S.W.3d 204 (Tex. Crim. App. 2002)
  2. Ex Parte Ross522 S.W.2d 214 (Tex. Crim. App. 1975)
  3. McCain v. State24 S.W.3d 565 (Tex. App.—Waco 2000)
  4. Ex parte Burns441 S.W.2d 532 (Tex. Crim. App. 1969)
  5. Ex Parte Pennington433 S.W.2d 701 (Tex. Crim. App. 1968)

Most recent

  1. Ex Parte McCain67 S.W.3d 204 (Tex. Crim. App. 2002)
  2. McCain v. State24 S.W.3d 565 (Tex. App.—Waco 2000)
  3. Ex Parte Ross522 S.W.2d 214 (Tex. Crim. App. 1975)
  4. Ex parte Burns441 S.W.2d 532 (Tex. Crim. App. 1969)
  5. Ex Parte Pennington433 S.W.2d 701 (Tex. Crim. App. 1968)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Ex Parte Rawlins, 255 S.W.2d 877 (Tex. Crim. App. 1953) 13
Ex Parte Ross, 305 S.W.2d 958 (Tex. Crim. App. 1957) 6

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