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Schutz v. State

The court will not overturn a criminal conviction for non-constitutional error if the appellate court, after examining the record as a whole, has fair assurance that the error did not influence the jury or influenced the jury only slightly.

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ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS WALKER COUNTY

Keller, Presiding Judge, delivered the opinion of the Court, joined by Meyers, Womack, Keasler, Hervey, and Cochran, JJ. Price and Johnson, JJ. concurred in the result. Holcomb, J. dissented.

Upon remand from this Court to conduct a harm analysis pursuant to Rule of Appellate Procedure 44.2(b), *fn1 the Court of Appeals for the First District found that the trial court’s erroneous admission of certain expert testimony affected appellant’s substantial rights. The State now asks us to consider two issues relating to the propriety of the Court of Appeals’ harm analysis: whether the appellant bore the burden of demonstrating that the error affected his substantial rights, and whether the Court of Appeals was required to examine the record as a whole. Our jurisprudence compels us to answer the first issue in the negative and the second in the positive, and to reverse the Court of Appeals’ judgment.

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