· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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