Boston v. State

THOMAS, Chief

Justice, dissenting.

The majority holds that, although the State never made an opening statement, Boston was entitled under article 36.01(b) of the Code of Criminal Procedure to make an opening statement before the State presented its evidence and that he was harmed by the refusal to allow him to do so. I respectfully dissent.

ARTICLE 36.01(B) IS INAPPLICABLE

Article 36.01(a) clearly provides that the defendant’s opening statement shall follow the presentation of the State’s case-in-chief. Tex.Code Crim.Proc.Ann. art. 36.01(a)(4), (5) (Vernon Supp.1992). Subsection (b), however,…