829 SW2D 191 - Fuller v. State

How this case has been cited

Cited by 153 later decisions — most recently November 2017 · most notably Jones v. State (1996), Narvaiz v. State (1992)

4 federal appellate · 140 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

OVERSTREET, Judge,

¶1concurring.

¶2I concur in the result only because I believe the majority opinion incorrectly concludes that appellant’s second point of error, which complained of admission of testimony implying his membership in an Aryan prison gang, was not preserved for appellate review. The majority concludes that he waived this error when he failed to renew his objection and request an instruction to disregard the testimony at the end of the State’s presentation. Since appellant had lodged a timely objection initially, in my opinion the error was sufficiently preserved.

¶3When the Court finds error has been committed in trial, a harmless error analysis should be conducted pursuant to Rule 81(b)(2). In this case, it is my belief that a harmless error analysis would lead to a finding beyond a reasonable doubt that the complained of error did not contribute to appellant’s punishment.