Jimmy Ferrell Cummings v. State

The majority has concluded there was no egregious error in appellant’s jury charge. I write separately today because I believe there was error in the jury charge and would reverse and remand this case for a new trial.

*134I. The Trial Court Erred By Not Sua Sponte Issuing a Jury Instruction Under Section 38.23 of the Texas Code of Criminal Procedure.

Appellant argues the trial court had a duty to sua sponte issue a jury instruction that evidence obtained in contravention of the U.S. or Texas constitutions may not be used against a defendant. His belief in the responsibility of the trial court is…