Court of Criminal Appeals of Texas

Bobby Hailey, Appellant v. the State of Texas

September 25, 20022002 Tex. Crim. App. LEXIS 182

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals and affirmed the trial court’s judgment, holding that the appellate court erred by reversing on a legal theory that was never raised at trial or on appeal. The decision rests on the principle that appellate courts may not overturn trial courts on issues not presented to the trial court, absent procedural default.