Legal Opinion

McGee v. State

Court of Appeals of Texas

Decided March 28, 1985No. C14-83-105-CRPublished

1Dissent 1

DISSENTING OPINION

2Dissent · SearsSears, Justice

I respectfully dissent. Grounds of error four and five should be sustained and the judgment should be reversed and remanded to the trial court for a new trial. This case involves appointed counsel handling his first defense of a criminal case and gross prosecutorial misconduct. The trial is replete with error from voir dire to Motion for New Trial.

VOIR DIRE

During voir dire of the prospective jurors, the district attorney qualified the panel for an enhanced punishment range as follows:

If it was shown that a prior felony, that a Defendant has been convicted of prior felony and…

3Cases cited43 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Ex Parte DuffyCourt of Criminal Appeals of Texas · 1980
  3. Cotton v. StateCourt of Criminal Appeals of Texas · 1985
  4. Cortez v. StateCourt of Criminal Appeals of Texas · 1984
  5. Williams v. StateCourt of Criminal Appeals of Texas · 1979

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