Barrington J. Thompson v. The State of Texas

State: Texas

Court: Texas Northern District Court

Docket No: 01-11-00350-CR

Case Date: 11/08/2012

Plaintiff: Barrington J. Thompson

Defendant: The State of Texas

Preview:Dissenting opinion issued November 8, 2012

In The

Court of Appeals
For The

First District of Texas
------------------------ NO. 01-11-00350-CR ---------------------- BARRINGTON THOMPSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court Harris County, Texas Trial Court Case No. 1290502

DISSENTING OPINION
Although I agree that the trial court erred in overruling Mr. Thompson's objection to the State's closing argument, I disagree that the error was harmless

and, because I would reverse and remand on that basis, I respectfully dissent. Constitutional harm analysis under Snowden requires us to take every circumstance apparent in the record that logically informs our constitutional error analysis into account. See Snowden v. State, 353 S.W.3d 815, 822 (Tex. Crim. App. 2011). Here, those circumstances dovetail with the remaining Harris factors that the Snowden court deemed appropriate for appellate consideration. Snowden, 353 S.W.3d at 821

Download 01-11-00350-cr-2.pdf