Shannon Don Tucker, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals held that the appellant preserved the issue of the trial court's denial of a defense opening statement and that the lower appellate court erred in finding a waiver. The Court reversed the Court of Appeals' judgment and remanded for consideration of the merits of the error. The decision clarifies that a lawyer's casual use of "Okay" does not constitute a waiver of a preserved complaint.