Court of Criminal Appeals of Texas
Terry M. Holmes, David Woodall, Gabriel J. Williams, Gabriel Contreras, Jr., April Harlow, Alfonso R. Rodriguez…
September 15, 2010323 S.W.3d 163
Summary
The Court held that the trial court's denial of Woodall's motion to cross‑examine the State's breath‑test expert was not preserved for appellate review because the record failed to contain a specific offer of proof, and therefore affirmed Woodall's conviction while affirming the Court of Appeals' judgments in the seven companion cases. The Court also affirmed the correct application of the harmless‑error standard under Rule 44.2(a) and clarified the narrow scope of the credibility‑impeachment exception to Rule 103(a)(2). A dissent argued that the issues were not cognizable for appellate review.