Blue v. State

KELLER, J.,

delivered a dissenting opinion

in which McCORMICK, P.J., and WOMACK, J., joined.

Appellant concedes that he did not object to the trial judge’s comments. He offers three reasons for exempting his situation from the usual requirement that a *140timely objection is necessary to preserve error: (1) an objection would be futile, (2) the prejudice created by the trial judge’s remarks was incurable, and (3) the type of error involved is “fundamental” — requiring no objection to preserve it. The Court agrees with appellant’s third reason and reverses the conviction. I disagree and would hold…