Legal Opinion · Dissent

Blue v. State

Texas Court of Appeals, 1st District (Houston)

Decided December 4, 1998No. 01-96-00771-CRPublished

1DissentCohen, Justice

I respectfully dissent.

In point of error one, appellant contends the trial judge erred by telling the venire, “I prefer the defendant to plead because it gives us more time to get things done....” In the second point of error, appellant contends the trial judge erred by telling the venire it was the defense attorney’s duty to present false testimony. I will discuss these points together.

The judge’s first statement was made as he apologized to the venire for their long wait outside the courtroom. The judge discussed another case and then stated:

The second case [this one], which we are going…

2Cases cited15 opinions

  1. Tumey v. OhioSupreme Court of the United States · 1927
  2. Cockrell v. StateCourt of Criminal Appeals of Texas · 1996
  3. Ward v. Village of MonroevilleSupreme Court of the United States · 1972
  4. Brewer v. StateCourt of Criminal Appeals of Texas · 1978
  5. Sharpe v. StateCourt of Criminal Appeals of Texas · 1983

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