Legal Opinion

Easley, Damian Demitrius

Court of Criminal Appeals of Texas

Decided March 12, 2014No. PD-1509-12PublishedCited by 89 opinions

1Opinion of the Court

OPINION

KEASLER, J.,

delivered the unanimous opinion of the Court.

The judge presiding over Damian Eas-ley’s trial prohibited Easley’s counsel in voir dire from comparing other legal burdens of proof to the beyond-a-reasonable-doubt burden in criminal trials. The court of appeals found the judge’s ruling to be erroneous, but harmless after applying a non-constitutional harm analysis. We affirm and overrule our previous cases holding that preventing a defendant’s counsel from asking proper questions of the venire is an error of constitutional dimension per se.

Background

During voir dire, the judge…

2Cases cited25 opinions

  1. Mosley v. StateCourt of Criminal Appeals of Texas · 1998
  2. Taylor v. LouisianaSupreme Court of the United States · 1975
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 1998
  4. Motilla v. StateCourt of Criminal Appeals of Texas · 2002
  5. Brown v. StateCourt of Criminal Appeals of Texas · 2008

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3Cited by89 opinions

  1. Quadreuy Flowers v. State, Texas Court of Appeals, 6th District (Texarkana)2014
  2. Jacobs v. StateCourt of Criminal Appeals of Texas · 2018
  3. Kristopher Donald Mixon v. State, Texas Court of Appeals, 7th District (Amarillo)2015
  4. Rosales v. StateCourt of Appeals of Texas · 2018
  5. Thien Quoc Nguyen v. State, Texas Court of Appeals, 6th District (Texarkana)2016

84 more not listed; retrieve them via the Exa API.

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