Plea(se) Plea(se) Me: Court Of Appeals Of Texas Finds Rule 410 Violation Not Plain Error

Dec. 20 – EvidenceProf Blog

Professor Colin Miller authored blog:

So, let’s say that the prosecutor violates Rule 410(4), but the defense does not object. If the defendant is convicted and appeals, should the court reverse for plain error? According to the recent opinion of the Court of Appeals of Texas, Fort Worth, in Parker v. State, 2011 WL 5984539 (Tex.App.-Fort Worth 2011), the answer is “no.”

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