Court of Criminal Appeals of Texas
Chance Edward Saunders, Appellant v. the State of Texas, Appellee
December 6, 19951995 Tex. Crim. App. LEXIS 126
Summary
The Texas Court of Criminal Appeals affirmed the murder conviction, holding that the trial court's failure to submit a negligent homicide instruction was harmless error because the jury convicted of murder and did not convict of involuntary manslaughter, so no "some" harm under Almanza and Arline was shown. The Court concluded the record did not demonstrate a realistic probability that the jury would have chosen the omitted lesser offense. Justice Maloney dissented, arguing that the omission caused some harm and should have resulted in reversal.