One of our lawyers is in a charge conference at the moment and the judge thinks that a recent case held that the 37.07(4)(c) parole instruction (the 1/4 time one) should not be included in the charge anymore. I certainly don't remember anything like that, and think I would if it had happened. I've looked on westlaw and found nothing.
All of you appellate gurus who follow recent caselaw closer than I do, is there any opinion out there of that nature?

I've seen/heard no such thing. I've put it in 6 jury charges this year. My co-counsel had it in two just this week.

THis is from a January 2007 Dallas case:

"In his first issue in the theft case, appellant contends the trial court erred in omitting from the jury charge a portion of the mandatory jury instruction regarding the effect of parole. See Tex.Code Crim. Proc. Ann. Art. 37.07, � 4(c) (Vernon 2006). The parole instruction is mandatory and failure to include it in the court's charge is error. See Luquis v. State, 72 S.W.3d 355, 363 (Tex.Crim.App.2002)."

Not a published opinion, but it's the most recent appellate court opinion I could find reiterating this point. I've not heard of anything to the contrary.

Thanks Wes.
Guess I should have walked down the hall...

Agree that it is still mandatory.

Considering the Cosntitution was amended to provide for this type of instruction it seems unlikely any court will be able to rule that it not be given.