×
You've used up your 3 free articles for this month. Subscribe today.
Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object
Loaded on Feb. 16, 2018
by Dale Chappell
published in Criminal Legal News
March, 2018, page 39
Filed under:
Criminal Procedure.
Location:
Texas.
by Dale Chappell
The right to appeal a judge’s improper questioning of a witness during trial was not forfeited by the defendant’s failure to object contemporaneously because such an error is not forfeitable and can be raised for the first time on appeal, the Court of Criminal Appeals of Texas ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Civil Asset Forfeiture: Unfair, Unjust, Un-American, by Christopher Zoukis
- News in Brief
- Driver’s License Required for Conviction as Florida Habitual Traffic Offender, by David Reutter
- DNA Sketches Answer Prayers, Raise Concerns, by Dale Chappell
- Research Needed: Do Drug Dogs Respond to Drugs or Handler?, by Christopher Zoukis
- Questioning the Use of DNA Testing Software in Criminal Prosecution, by Christopher Zoukis
- Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation, by Dale Chappell
- Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object, by Dale Chappell
- Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint, by Richard Resch
- Louisiana Indigent Defendants Face Death Penalty Without Lawyers, by Christopher Zoukis
- Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting
- Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts, by Christopher Zoukis
- Few Indigent Defendants Have Lawyer at Arraignment, by Mark Wilson
- Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations, by Dale Chappell
- Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention, by Dale Chappell
- CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case, by Richard Resch
- California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony, by Dale Chappell
- Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated, by David Reutter
- Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process, by Richard Resch
- Houston Police End Use of Error-Prone Drug Field Tests, by Matthew Clarke
- After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned, by Christopher Zoukis
- First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction, by Dale Chappell
- New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released
- Use of Sentencing Mitigation Videos Grows, by Derek Gilna
- DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions, by Mark Wilson
- Curb False Confessions: Provide Suspects With Lawyers, by Derek Gilna
- Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution, by Dale Chappell
- Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct, by Christopher Zoukis
- Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal, by Dale Chappell
- $2 Million to Disabled Syracuse Man Tased by Cops, by Dale Chappell
- Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days, by Dale Chappell
- Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief, by Christopher Zoukis
- Jury Nullification: A Crucial Check on Government Power, by Christopher Zoukis
- U.S. Murder Clearance Rates Among Lowest in the World, by Matthew Clarke
- California Legalization of Marijuana Allows Convicted to Petition, by Derek Gilna
- Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision
- California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify, by Dale Chappell
- Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional, by Dale Chappell
- Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes, by Christopher Zoukis
- Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution, by Richard Resch
- Survival Tip: Don’t Call Cops If You’re Disabled, by Dale Chappell
- San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64
- Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use, by Christopher Zoukis
- Unjust Sexual Offense Laws: Insanity and Hope, by Brenda Jones, Ken Abraham
- Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case, by Mark Wilson
- Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions, by Richard Resch
- $5.5 Million Verdict Against LAPD for Taser Death of Former Marine, by Derek Gilna
- Overworked Missouri Public Defenders Fear Suspensions and Firing, by Mark Wilson
- Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions, by Mark Wilson
- $9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case, by Derek Gilna
More from Dale Chappell:
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
More from these topics:
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, Nov. 15, 2020. Criminal Procedure, Fifth Amendment.
- D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation, April 12, 2019. War on Drugs, Criminal Procedure.
- SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act, Feb. 14, 2019. Criminal Procedure.
- N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests, Jan. 17, 2019. Appeals, Criminal Procedure.
- Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required, Dec. 21, 2018. Sentencing, Criminal Procedure.
- Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, Dec. 5, 2018. Judiciary, Indigent Defense, Expert Witnesses, Criminal Procedure.
- Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, Dec. 4, 2018. Criminal Prosecution, Criminal Procedure.
- Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor, Nov. 28, 2018. Criminal Procedure.
- Texas Supreme Court Interprets State’s Expungement Statute, Oct. 28, 2018. Criminal Procedure.
