Court of Criminal Appeals of Texas

Rodney L. Rich, Appellant v. the State of Texas

April 13, 20052005 Tex. Crim. App. LEXIS 566

Summary

The Court of Criminal Appeals held that the trial judge's denial of a proper voir dire question to the entire venire was a constitutional error requiring a harmless error analysis under Texas Rule of Appellate Procedure 44.2(a). Accordingly, the Court reversed the Court of Appeals' judgment, which had applied Rule 44.2(b), and remanded for a proper harm analysis. Justice Holcomb dissented, arguing the error was constitutional and the case should be decided without remand.