345 S.W.3d 509
Tex. App.2011Background
- Grant pled guilty to burglary of a habitation with intent to commit aggravated assault with a deadly weapon and chose a jury trial on punishment.
- Punishment was assessed at fifty-five years in prison.
- On original appeal, Grant challenged State peremptory challenges as racially motivated; issue sustained, remanding for new punishment hearing.
- Texas Court of Criminal Appeals reversed/remanded for consideration of Grant's remaining issue on improper witness questioning.
- On remand, the Court overruled the remaining issue and affirmed the trial court's judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper witness questioning preserved | Grant argues the State improperly questioned defense witnesses about prison vs. probation. | State contends objections were waived or not properly preserved; trial court properly allowed questioning. | Issue overruled; improper-questioning claim not properly preserved on appeal |
| Denial of motion for mistrial | Grant sought mistrial due to highly prejudicial questioning (Ripley testimony). | State argues prompt curative instruction to disregard cured any prejudice; no mistrial warranted. | Denied; trial court did not abuse discretion in denying mistrial |
Key Cases Cited
- Casey v. State, 215 S.W.3d 870 (Tex. Crim. App. 2007) (abuse of discretion standard for evidentiary rulings)
- Moff v. State, 131 S.W.3d 485 (Tex. Crim. App. 2004) (preservation requires adverse ruling to review error)
- Neal v. State, 256 S.W.3d 264 (Tex. Crim. App. 2008) (timeliness of objections when ground becomes apparent)
- Dinkins v. State, 894 S.W.2d 330 (Tex. Crim. App. 1995) (timeliness and preservation of objections; running objection concept)
- Fuentes v. State, 991 S.W.2d 267 (Tex. Crim. App. 1999) (need to object to preserve objection after rephrased questions)
- Wilson v. State, 71 S.W.3d 346 (Tex. Crim. App. 2002) (objection on appeal must comport with at-trial objection)
- Ovalle v. State, 13 S.W.3d 774 (Tex. Crim. App. 2000) (prompt instruction to disregard cures some improper-questions errors)
- Ladd v. State, 3 S.W.3d 547 (Tex. Crim. App. 1999) (jury presumed to follow trial court's disregard instruction)