Court of Criminal Appeals of Texas
Wendall B. House, Appellant v. the State of Texas, Appellee
June 4, 19971997 Tex. Crim. App. LEXIS 40
Summary
The Court of Criminal Appeals of Texas affirmed the conviction and sentence of House, holding that the trial court did not err in permitting two assistant district attorneys to testify at the punishment phase despite an alleged violation of Texas Disciplinary Rule 3.08, because House failed to show actual prejudice or a denial of a fair trial. The majority relied on Brown v. State, which requires a showing of actual prejudice before a disciplinary violation can overturn a conviction. Separate opinions by Judges Baird and Mansfield concurred in the result but offered differing views on the scope of Rule 3.08.