One of my recent appeals has resulted in the Third Court of Appeals siding with my arguments, and agreeing to publish the case. The case is Christopher Daniel Burke v. The State of Texas, Cause Number 03-08-0035-CR. The opinion is dated August 14, 2008. The issue was whether a trial court could order a defendant… Continue Reading
Category Archives: Appellate
Prosecutor’s comments on defendant’s courtroom conduct
Commenting on the in-courtroom demeanor of a non-testifying defendant is an impermissible comment on material not in evidence. Sledge v. State, 2004 WL 438958 (Tex. App.–-Austin 2004).… Continue Reading