So an appellate attorney is complaining about a few of my comments during final argument. (Probably cause the defendant got a 90 year sentence. Please, if I had said what I really wanted to, THEN it would have been improper, but he would have gotten LIFE!!!)The only cases I can find deal with "jury argument" and in my case, it was a bench punishment trial. Anyone know of any cases dealing with proper and improper "judge argument"? Otherwise, I will have to assume the rules are the same and go from there.

Unless it is of constitutional magnitude, no objection (or no ruling) = waiver. And remember that Judges are "presumed" to ignore inadmissible evidence and/or argument.

no, defense counsel objected and judge overruled

Kennedy v. State, 262 S.W.3d 454, 461 (Tex. App.--Austin 2008) (treating bench trial and jury argument same for sake of argument), rev'd on other grounds, 297 S.W.3d 338 (Tex. Crim. App. 2009).

More recent: Stroble v. State, 2011 WL 1631812 (Tex. App.--14th dist, April 28, 2011)

N,

email the complained of comments to me and I'll look at them.

G