Janecka v. State

I dissent to the majority’s holding that the State (because of no objection) failed to preserve for appeal the issue of the trial court’s lack of authority to appoint a Special Master to conduct a hearing on the subject of whether appellant was harmed as a result of the trial court’s decision to overrule his motion to quash the indictment.

On original submission, this Court abated the appeal and remanded the case to the trial court. In our remand order, this Court commanded that,

“The trial court shall hold a hearing to allow appellant to more fully develop his allegation of harm.”

Janecka v.…