Schutz v. State

joined by MEYERS, WOMACK, KEASLER, HERYEY, and COCHRAN, JJ.

Upon remand from this Court to conduct a harm analysis pursuant to Rule of Appellate Procedure 44.2(b), 1 the Court of Appeals for the First District found that the trial court’s erroneous admission of certain expert testimony affected appellant’s substantial rights. The State now asks us to consider two issues relating to the propriety of the Court of Appeals’ harm analysis: whether the appellant bore the burden of demonstrating that the error affected his substantial rights, and whether the Court of Appeals was required to examine…