· 8/8/2002
Roethel v. State
Citations
- 80 S.W.3d 276
- 2002 WL 1343467
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that lack of notice did not affect appellant = s substantial rights because record contained no evidence that appellant = s ability to present a defense was impaired
- holding State’s notice defective where it alleged no dates and pattern offenses could have occurred during eight-year span
- holding State’s notice defective where it alleged no dates and pattern offenses could have occurred during eight-year span
- “appellant’s failure to object that the State did not give notice of more than one extraneous offense prevents him from raising this complaint on appeal”
- in determining harm, a reviewing Court must look to whether the defendant was surprised by the substance of the testimony
- “The lack of notice does not render the evidence inherently unreliable, but instead raises a question about the effect of procedural noncompliance. . . . Thus, we must analyze how the deficiency of the notice affected appellant’s ability to prepare for the evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Aboussie, Smith, Yeakel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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