Once again, the Court of Criminal Appeals has reminded the courts of appeals that the harmless error rule really exists. This week, another case was sent back down for the lower court to try again:

http://www.cca.courts.state.tx.us/opinions/160901.htm

We should be grateful that the Court of Criminal Appeals has been most consistent in the last 5 years in applying the harmless error and procedural default rules. In the Saldano case, the court took a lot of flak but has remained steady.

John Bradley
District Attorney
Williamson County, Texas