Lackey v. State

HERVEY, J.,

filed a dissenting opinion in which MEYERS and KEASLER, JJ., joined.

I disagree with the disposition of this case, and I write separately to explain my reasoning. Today, a majority of the Court uses our rules of procedural default to avoid reaching the merits of the State’s appeal, and in doing so, they also further confuse bench and bar regarding the applications of the rules for error preservation.

This Court’s jurisprudence in the area of judicial authority and qualifications has been inconsistent up to this point, and as a result, uncertainty has been created where none should…