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 Texas Court of Criminal Appeals reversed the Court of Appeals and remanded the case, holding that the trial judge abused discretion by allowing the State to use a fact‑specific hypothetical during voir dire that sought to commit jurors to a particular set of facts rather than merely to ascertain their ability to follow the law. Two dissenting opinions argue that the questioning was proper and that the error, if any, does not require remand.