George MOFF, Appellant, v. the STATE of Texas
This text of 153 S.W.3d 452 (George MOFF, Appellant, v. the STATE of Texas) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
filed an opinion dissenting to the denial of the State’s motion for rehearing
On original submission, we held that the trial court did not err in quashing MofPs indictment before trial. We then said that, because there had been no trial, a harm analysis was unnecessary. This was a curious statement’and-^despite the fact that I voted for it the first time around — incorrect. The reason a harm analysis was unnecessary is that there was no error.
The statement was also confusing and contrary to our general rule that, except for federal constitutional errors the Supreme Court has labeled “structural,” no error is categorically immune from a harm analysis. 1
I would reissue the opinion without the erroneous statement, and save appellate judges and practitioners the trouble of trying to figure out what we meant.
. Cain v. State, 947 S.W.2d 262, 264 (Tex.Crim.App. 1997).
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153 S.W.3d 452, 2005 Tex. Crim. App. LEXIS 108, 2005 WL 156706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-moff-appellant-v-the-state-of-texas-texcrimapp-2005.