Hicks v. State

Because I find that a majority of this Court erroneously concludes that this Court’s decision to grant the petition for discretionary review that was filed on behalf of Johnny Logan Hicks, henceforth appellant, was improvident; therefore, the petition for discretionary review is ordered dismissed, I respectfully file this dissenting opinion.

The record reflects that after the jury panel in this cause was informed that the State’s burden of proof was beyond a reasonable doubt, Hon. Tim Evans, trial counsel for appellant, sought to ask the jury panel the following questions in the abstract:…