Second Court of Appeals

Week of May 3, 2021 

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of May 3, 2021.

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.


McBurnett v. State, No. 02-19-00418-CR (May 6, 2021) (Walker, J., joined by Kerr and Birdwell, JJ.).

Held:  The trial court did not abuse its discretion by denying a mistrial after a witness referred to Appellant’s incarceration; the trial court’s curative instruction was sufficient to ameliorate the prejudice from the remark.  In addition, the trial court did not err by refusing to include an instruction on temporary insanity caused by intoxication in the punishment jury charge.  There is no evidence in the record that Appellant did not know at the time of the offense that his conduct was wrong.