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 for voluntary manslaughter, holding that a violation of Texas Disciplinary Rule 3.08 does not require reversal of a conviction unless the defendant demonstrates actual prejudice or a denial of a fair trial. The Court declined to decide whether the State actually violated the rule, deeming that issue within the State Bar's domain. The decision was accompanied by a concurrence in part/dissent in part and a separate concurrence, both of which critiqued the majority's reliance on an actual‑prejudice standard.