Carroll, Timothy Earl v. State

DISSENTING OPINION

DON BURGESS, Justice.

I vigorously dissent. Obviously I dissent to the result, see Carroll v. State, 997 S.W.2d 399 (Tex.App.-Beaumont 1999), but my real dissent is to the majority’s determination of “the scope of the instant remand.”

The Scope of the Remand

The Texas Court of Criminal Appeals, in their unpublished opinion,1 stated:... The court of appeals did not perform a harmless error analysis. The State petitioned this Court to review the court of appeals’ failure to conduct a harm analysis.

This court recently decided that the erroneous denial of a defense challenge for…