Court of Criminal Appeals of Texas

In a prosecution for sexual assault, denial of a Brady claim as waived by defendant's failure to raise it during proceedings on a motion for a new trial is reversed and remanded for consideration on the merits where, under Appellate Rule 33.1, a claim that the trial court erred in denying a motion for new trial is preserved for appellate review if the nature of the ground allegedly warranting the new trial is raised and litigated, without objection, at some point during the motion-for-new-trial proceedings.

Appellate Information

• Decided 09/24/2008
• Published 09/24/2008

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Bob Wicoff, Houston, TX, for Appellant., Alan Curry, Asst. District Attorney, Houston, TX, Jeffrey L. Van Horn, State's Attorney, Austin, TX, for State.