Case Conclusion Date: March 25, 2009
Practice Area: Criminal Defense
Outcome: Life sentence reversed for a new trial.
Description: A life sentence for sexual assault from Smith County was reversed by the Sixth Court of Appeals because the jury charge allowed a less than unanimous verdict on guilt. This error was unobjected to at trial, but the appellate court found egregious harm when the prosecution argued this exact point in closing. The Court of Criminal Appeals denied a petition for discretionary review filed by the State of Texas.