Mason v. State

I dissent because I believe the trial judge’s comments to the jury panel vitiated the presumption of innocence.

THE ISSUE

In a single issue and relying solely on Blue v. State, Mason says the trial judge destroyed the presumption of innocence when he admonished the jury panel. Blue v. State, 41 S.W.3d 129 (Tex.Crim.App.2000). The State says that Blue is “not controlling precedent,” so Mason waived his complaint, and that Blue is factually distinguishable from the case at hand.

The majority opinion reviews the statements Mason complains of, but inexplicably concludes that he has failed to…