Court of Criminal Appeals of Texas

Milton Ray Atkins, Appellant v. the State of Texas

September 24, 19971997 Tex. Crim. App. LEXIS 69

Summary

The Court of Criminal Appeals of Texas held that the trial judge erred by allowing the State to use a fact‑specific hypothetical about a crack pipe residue to commit jurors to a particular factual scenario, reversed the Court of Appeals' judgment, and remanded the case for a harmless‑error analysis. Justice Keller and Justice Baird dissented, arguing the questioning merely sought jurors' ability to follow the law.