Opinion

Valencia v. State

  • 946 S.W.2d 81
  • 1997 Tex. Crim. App. LEXIS 44
  • 1997 WL 297713
Court
Court of Criminal Appeals of Texas
Filed
Jun 4, 1997
Status
Published
Author
Baird
On the bench
Meyers, Baird, McCormick
Cited by
146 cases

holding that court of appeals correctly found waiver when appellant made no objection at trial to State’s allegedly improper jury argument

How later courts described this case

  • holding that court of appeals correctly found waiver when appellant made no objection at trial to State’s allegedly improper jury argument
  • recognizing that the issue of what standard — Duffyor Strickland — applies to ineffective assistance occurring at the guilt/innocence phase but affecting the punishment phase is not clear but declining to decide the issue
  • holding that complaining party must object and pursue objection to adverse ruling in order to complain on appeal of improper jury argument, even if that argument could not have been cured by instruction to disregard
  • holding that defendant waived jury argument error by failing to object

Written by the judges who cited it.

The opinion

BAIRD, J.,

concurring and dissenting with note. I dissent to Part I believing it is advisory because of the ultimate decision to remand to the Court of Appeals. As to Part II, I join that portion of the opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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