Nabelek v. District Attorney of Harris County

On original submission, this court affirmed the trial court’s judgment. I did not join in the court’s opinion, but instead filed a concurring opinion. Today the court denies appellant Ivo Nabelek’s motion for rehearing. After considering Na-belek’s motion, I conclude that this court should grant rehearing, reverse the trial court’s judgment, and remand the case for further proceedings. Accordingly, I withdraw my original concurring opinion, and issue this dissenting opinion on rehearing in its place.

Is there reversible error based on the failure to record the September 13, 2002 hearing?

The…