Rich v. State

HOLCOMB, J.,

dissenting, in which MEYERS, J., joined.

I respectfully dissent. The trial court’s error in prohibiting appellant from asking the venire members a proper question was, under binding precedent, an error of constitutional dimension,1 and it is therefore inappropriate for this Court to remand the case to the court of appeals for a harm analysis under Texas Rule of Appellate Procedure 44.2(b), which is our harmless error rule for non-constitutional errors. For this Court to remand this case for a harm analysis under Rule 44.2(b) will only serve to compound the errors already committed…