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 Anson test for individual voir dire does not apply when voir dire is conducted in a group setting and therefore remanded the case for a proper harm analysis under Rule 44.2(b). The Court reversed the lower court's judgment and sent the case back to the Court of Appeals. Justice HOLCOMB, dissenting, argued that the error was constitutional and should be analyzed under Rule 44.2(a).