Error Preservation and Appeal

AuthorDeandra M. Grant/Kimberly Griffin Tucker
Pages443-468
11-1
CHAPTER 11
ERROR PRESERVATION AND
APPEAL
I. General Procedures for Preserving Error
§11:01 Importance of Preservation of Error
§11:02 Appellate Court Can Review Unpreserved Error in Interests of Justice
§11:03 Proper Sequence for Objections
§11:04 Specificity: Know What to Say
§11:05 Timeliness: Know When to Object
§11:06 Obtain an Adverse Ruling
II. Tools for Preserving Error
§11:20 Running Objections
§11:21 Motions to Strike
§11:22 Motions in Limine
§11:23 Objection at Suppression Hearing or Outside Jury’s Presence
§11:24 Reliance on Co-Counsel’s Motions and Objections
§11:25 Double Jeopardy Objection
§11:26 Offer of Proof or Bill of Exception
III. Doctrine of Curative Admissibility
§11:40 The Minefield of Curative Admissibility
§11:41 De Garmo v. State Is Overruled in its Entirety
§11:42 Exception: Defendant’s Rebuttal Testimony
IV. Preserving Error During Voir Dire
§11:50 Voir Dire Must Be Recorded
§11:51 Prejudicial Comments
§11:52 Voir Dire Time Limits
§11:53 Limitation on Asking a Given Question
§11:54 Denial of a Defense Challenge for Cause
§11:55 Granting of a State Challenge for Cause
§11:56 Sua Sponte Excusal of a Juror
§11:57 Batson Challenges
V. Preserving Objection to Exclusion of Testimony
§11:70 Direct Examination
§11:71 Cross-Examination
§11:72 Denial of the Defendant’s Right to Reopen
§11:73 Missing Witnesses
Texas DWI Manual 11-2
VI. Preserving Objection to Admission of Extraneous Offenses
§11:80 State Must Give Notice Upon Request
§11:81 A Specific Trial Objection Is a Must
§11:82 Objections That Are Sufficiently Specific
§11:83 Timing Is Paramount
§11:84 Maynard v. State: Your Evidence Is to “Meet, Destroy, or Explain”
VII. Preserving Error in Jury Charge
§11:90 Requesting Instructions
§11:91 Objecting to the Court’s Charge
§11:92 Lesser-Included Offenses
VIII. Preserving Error in Closing Arguments
§11:100 Consider a Motion in Limine to Limit the State’s Closing Argument
§11:101 Time Limitations During Closing Arguments
§11:102 Make a Timely and Specific Objection
§11:103 Obtain a Ruling From the Trial Court
§11:104 Ask for a Curative Instruction and a Mistrial
§11:105 Renew Your Objection
§11:106 Present Your Appellate Contention
IX. Motions for New Trial
§11:120 Grounds for New Trial
§11:121 The Right to Counsel
§11:122 Motion Must Be Timely Filed
§11:123 Motion Must Be Timely Presented
§11:124 Motion Must Be Sworn
§11:125 Motion Must Allege Matters Outside the Record
§11:126 Motion Must Be Heard Within 75 Days From Sentencing
§11:127 Consider Affidavits in Lieu of a Hearing
§11:128 Burden of Proof and Procedure at the Hearing
X. Appeal
A. Notice of Appeal and Other Necessary Documents
§11:140 Time for Filing
§11:141 Notice of Appeal Must Be in Writing
§11:142 Other Documents
§11:143 Certification of Appeal Requirement
B. Right to Appeal After Guilty or Nolo Plea
§11:150 Appeal After Plea Bargain
§11:151 Appeal After “Open Plea”
C. Appeal by State
§11:160 The State’s Right of Appeal
§11:161 State’s Notice of Appeal
XI. Forms
11-1 Request for Reporter’s Record
11-2 Written Designation of What Should Be Included in Clerk’s Record
11-3 Trial Court’s Certification of Defendant’s Right of Appeal

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