Atkins v. State

Although I concur in the judgment and most of the reasoning of the Majority, I write separately to consider a broader array of situations where “anti-CSI effect”1 or “no duty” instructions may be appropriate, beyond more than the modest discussion in the Majority opinion.

The Majority opinion’s analysis of the impropriety of the wording of the trial court’s jury instruction in the present case could be read by some to imply that the instruction—

During this trial, you have heard testimony of witnesses and may hear argument of counsel that the State did not utilize a specific investigative…