In re Texas ex. rel. Ogg (original by presiding judge keller)
Annotate this CaseDefendant Kim Ogg sought to waive his right to a jury trial and have a bench trial. By statute, the State had the authority to refuse to consent to such a waiver, and the State refused to consent here. The trial court concluded that it had the power, under the Texas Supreme Court’s Emergency Order in response to COVID-19, to suspend that statutory provision and conduct a bench trial despite the State’s refusal to consent. The State then sought a writ of mandamus or a writ of prohibition from the court of appeals, but that court declined to grant relief. The State sought mandamus relief against the court of appeals, which the Texas Court of Criminal Appeals conditionally granted: "It is clear and indisputable that the Emergency Order did not confer upon the trial court the authority to conduct a bench trial without the State’s consent. . . . The writ of mandamus will issue only in the event that the court of appeals fails to comply with this opinion."
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