McFarland v. State

I disagree with the majority that the prosecutor’s jury argument did not amount to error. Rather than affirm the judgment of the Court of Appeals, however, I would remand this cause for a proper harm analysis. Tex.R.App. P. 44.2. The Court of Appeals determined “appellant was harmed by the prosecutor’s argument because it unfairly suggested that appellant had reason to fear DNA test results when there was no evidence that such testing had even been considered, let alone executed.” McFarland v. State, 902 S.W.2d 540, 543 (Tex.App.—Houston [1st Dist.] 1995, pet. granted). Though this reasoning…