Home -> Law Blog Directory -> Criminal Law Blogs -> Grits for Breakfast

Criminal Law

: Grits for Breakfast

"Baffling" harmless error ruling from Houston Court of Appeals

Colin Miller at EvidenceProf Blog says the Houston Court of Appeals issued a correct evidentiary ruling in favor of a criminal defendant, but coupled it with a "baffling" conclusion of "harmless error" - perhaps the favorite pet phrase of Texas appellate courts. In Aguilar v. State, 2008 WL 5058974 (Tex.App.-Houston 2008), Miller says that the Houston 14th CoA was correct in finding that hearsay testimony about a defendant's disputed confession was inadmissible, but that's when the ruling jumps the rails:So, Aguilar won his appeal, right? Well, actually, the Court of Appeals found the trial court's error to be harmless. And how did it reach this conclusion? Was there forensic evidence supporting the conviction? Did eyewitnesses testify? Did other people hear Aguilar confess? No, no, and no...continue to full post

Full post as published by Grits for Breakfast on December 08, 2008 (boomark / email).