Kelley v. State

After making the following correct holding, “it was error for the officer to testify *38regarding the needle marks,” the majority-opinion thereafter makes the following incorrect holding: “We find that the trial court’s action in instructing the jury to disregard the testimony cured the error concerning needle marks on appellant’s arm.”

Ordinarily, I would not take issue with the latter holding. However, almost 12 years ago, in a case from Travis County, this Court in Powell v. State, 478 S.W.2d 95 (Tex.Cr.App.1972), reversed the defendant’s conviction because the prosecuting attorney injected…