Court of Criminal Appeals of Texas
Richard Paul Mann, Appellant v. the State of Texas
March 11, 19981998 Tex. Crim. App. LEXIS 29
Summary
The Court vacated the judgment and remanded for further proceedings, holding that an isolated erroneous jury instruction on the burden of proof is not structural error and must be reviewed under the Abdnor/Almanza analysis rather than under Rule 81(b)(2) harmless error review. Justice Keller dissented, arguing the error was structural and the judgment should be affirmed.