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