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· 9/17/2014

Bekendam, Stephanie Lynn

Citations

  • 441 S.W.3d 295
  • 2014 Tex. Crim. App. LEXIS 960
  • 2014 WL 4627275

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that although the point of error on appeal must comport with the objection made at trial, reviewing courts are not hyper-technical in their examination of whether error was preserved
  • holding that to preserve error for appellate review, the issue on appeal “must comport with the 1 Sitting by assignment pursuant to section 74.003(b) of the Texas Government Code 04-22-00061-CR objection made at trial”
  • explaining that a complaint of error on appeal must comport with the objection made at trial
  • stating that, “[w]e are not hyper-technical in examination of whether error was preserved, but the point of error on appeal must comport with the objection made at trial”
  • holding a test performed by a trained expert, with a validated and calibrated instrument, was reliable even though the test did not strictly follow the Department of Public Safety’s policy
  • explaining that “preservation of error is a systemic requirement on appeal” and that “a court of appeals should review preservation of error regardless of whether the issue was raised by the parties”

Source: CourtListener parenthetical corpus (CC0).

Judges: Meyers, Keller, Johnson, Keasler, Hervey, Cochran, Alcala, Price, Womack

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.