Legal Opinion

Funk v. State

Court of Appeals of Texas

Decided January 5, 2006No. 2-04-568-CR, 2-04-569-CRPublishedCited by 17 opinions

1Opinion of the Court

OPINION AND ABATEMENT ORDER

JOHN CAYCE, Chief Justice.

Lynn Lewis Funk appeals his sentences for sexual assault of a child and indecency with a child. In nine points, appellant complains that he was denied his constitutional right to counsel during the thirty-day period for filing a motion for new trial, that trial counsel was ineffective for failing to file any appellate motions, including a motion for new trial, and that the trial court improperly excluded evidence of the child victim’s prior sexual experience. We abate the appeals and remand the causes to the trial court so that appellant…

2Cases cited17 opinions

  1. United States v. MorrisonSupreme Court of the United States · 1981
  2. United States v. AshSupreme Court of the United States · 1973
  3. Ex Parte AxelCourt of Criminal Appeals of Texas · 1988
  4. Oldham v. StateCourt of Criminal Appeals of Texas · 1998
  5. Ex Parte CrowCourt of Criminal Appeals of Texas · 2005

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3Cited by17 opinions

  1. Cooks v. StateCourt of Criminal Appeals of Texas · 2007
  2. Mashburn v. StateCourt of Appeals of Texas · 2008
  3. McBride v. StateCourt of Appeals of Texas · 2008
  4. Ashley Brewer v. State, Texas Court of Appeals, 2nd District (Fort Worth)2010
  5. Ashley Brewer v. State, Texas Court of Appeals, 2nd District (Fort Worth)2010

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