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· 6/5/2013

Unkart, Rodney Gale

Citations

  • 400 S.W.3d 94
  • 2013 WL 2419497
  • 2013 Tex. Crim. App. LEXIS 818

How courts have described this case

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

  • recognizing that “some appellate complaints do not have to be preserved by a timely request for relief at the trial level”
  • recognizing that, “[o]rdinarily, a complaint regarding an improper judicial comment must be preserved at trial” but declining to address the procedural consequences of a late objection
  • holding that solely moving for mistrial will preserve error if timely objection or instruction to disregard would not have cured the harm flowing from the improper comment
  • holding that a motion for mistrial alone is sufficient to preserve error if a timely objection would not have prevented, and an instruction to disregard would not have cured, the harm flowing from the error
  • noting that the trial judge told the jury panel that there might be “legitimate reasons, unrelated to guilt, for not testifying”
  • noting that a timely instruction to disregard statement during voir dire would have cured any error

Source: CourtListener parenthetical corpus (CC0).

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

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.