Texas Employers' Insurance Ass'n v. Guerrero

I respectfully dissent.

The court today has announced a significant expansion of a rule intended to deter improper jury argument. The majority’s decision, however, conflicts with previous supreme court and court of appeals decisions and imposes an unworkable burden on the trial judges of this state.

While I agree with the social policy statements of the majority opinion and the cases *869cited, I disagree with the majority’s application of those cases to remarks which are subtle and ambiguous as opposed to overt. Trial judges have a long-standing responsibility to police closing arguments; however,…