Court of Criminal Appeals of Texas

David Lee Anderson Ii, Appellant v. the State of Texas

November 18, 20092009 Tex. Crim. App. LEXIS 1612

Summary

The court held that an unsworn oral motion for a continuance does not preserve a complaint about the denial of that motion for appellate review. It rejected a purported due-process exception because the constitutional right to a meaningful opportunity to present a complete defense is forfeitable when not properly invoked under the statutory preservation requirements. The court therefore reversed the court of appeals and reinstated the trial court's judgment.