Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of October 31, 2016.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Hernandez v. State, No. 02-14-00498-CR (Nov. 3, 2016) (Dauphinot, J.; Walker, J., concurs with opinion; Sudderth, J., dissents with opinion).

Held:  The trial court reversibly erred by overruling Appellant’s objection to the prosecutor’s use of a racial slur in final argument when that racial slur was outside the record.

Concurrence:  The prosecutor’s statement during final closing argument that Appellant called the victim and his family “niggas” was outside the record and a racially inflammatory remark.  The prosecutor’s misconduct in making the statement deprived Appellant of due process because it denied him the right to a fair trial.

Dissent:  While the trial court erred by permitting the prosecutor to introduce a racial slur from outside of the record, Appellant failed to preserve his complaint about incurable jury argument under rule of appellate procedure 33.1 because he did not pursue his complaint to an adverse ruling.