“To Err is Human” - But is it Harmless?: Texas Rules of Appellate Procedure Rule 81(b)(2) and the Court of Criminal Appeals’ Effort to Fashion a Workable Standard of Review
MetadataShow full item record
Examines the origins of the Texas “harmless error rule.” Texas Rules of Appellate Procedure Rule 81(b)(2) allows courts to avoid reversal in criminal cases where the trial court error “did not contribute to the conviction or punishment assessed.” This comment will explore the origins of the harmless error rule in Texas, and trace the development of the rule from its Supreme Court origins. Further, the comment will provide an analysis of the past standards applied in Texas for determining the magnitude of trial court error as well as a comparison to the new standard, and a discussion of the potential impact, which the new standard will have on harmless error analysis.