David Mark Temple v. State

Concurring Opinion to Denial of Rehearing En Banc filed May 24, 2011.

In The

Fourteenth Court of Appeals

NO. 14-08-00074-CR

David Mark Temple, Appellant

v.

The State of Texas, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1008763

CONCURRING OPINION TO DENIAL

OF REHEARING EN BANC

Both as a member of the original panel and of the en-banc court, I have voted against rehearing this cause. I write separately to respond to my colleagues who have dissented from our refusal to rehear. I will address each in turn.

I

Appellate courts rarely overturn jury verdicts. When…