Legal Opinion

Darcy, Christopher Earl

Court of Criminal Appeals of Texas

Decided April 27, 2016No. PD-1094-15PublishedCited by 115 opinions

1Opinion of the CourtKeller, P.J.

in which KEASLER, HERVEY, ALCALA, RICHARDSON, and YEARY, JJ., joined.

During the trial of this case, defense counsel learned about a possible right-to-counsel violation that occurred before trial. Evidence involving and relating to the alleged violation was admitted at trial, but counsel did not complain until appeal. The court of appeals reversed appellant’s conviction without considering preservation of error. We conclude that the court of appeals erred in failing to address preservation of error, and we hold that appellant forfeited his complaints by failing to raise them at trial.

I.…

2Cases cited17 opinions

  1. Massiah v. United StatesSupreme Court of the United States · 1964
  2. United States v. DinitzSupreme Court of the United States · 1976
  3. Marin v. StateCourt of Criminal Appeals of Texas · 1993
  4. Hawkins v. StateCourt of Criminal Appeals of Texas · 2004
  5. Cockrell v. StateCourt of Criminal Appeals of Texas · 1996

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

3Cited by115 opinions

  1. James Larry Merrit v. StateCourt of Appeals of Texas · 2017
  2. Ex parte St. AubinCourt of Criminal Appeals of Texas · 2017
  3. Metts v. StateCourt of Criminal Appeals of Texas · 2016
  4. Smith, Joseph AnthonyCourt of Criminal Appeals of Texas · 2019
  5. State v. AtkinsonCourt of Appeals of Texas · 2017

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

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