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JOHNSON v. STATE

No. 1353-99.

43 S.W.3d 1 (2001)

Samuel Lovert JOHNSON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

Rehearing for Discretionary Review Denied May 9, 2001.

Attorney(s) appearing for the Case

Charles Hinton, Houston, for appellant.

S. Elaine Roch, Asst. DA, Houston, Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.

PRICE, J., delivered the opinion of the Court in which HOLLAND, WOMACK, JOHNSON, and HOLCOMB, JJ., joined.

Harm for the erroneous denial of a challenge for cause is determined by the standard in Rule of Appellate Procedure 44.2(b).1 Before promulgation of Rule 44.2(b), harm was evident in the record when the appellant used a peremptory challenge to cure the erroneous denial, exhausted his peremptory challenges, was denied a request for...

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