Orn v. State

2 Citing cases

  1. Gonzales v. State

    818 S.W.2d 756 (Tex. Crim. App. 1991)   Cited 79 times
    Holding trial court did not deny appellant his constitutional rights by allowing child witness to testify by two-way closed-circuit system

    Abdnor, 808 S.W.2d at 480. See and contrast Orn v. State, 753 S.W.2d 394, 396 (Tex.Cr.App. 1988) (Onion, P.J., dissenting and referring to the policy as launching cases into "heavenly appellate orbit"). We utilized the policy by remanding hundreds of cases to the courts of appeals to conduct a harmless error analysis in light of our decision in Rose v. State, 752 S.W.2d 529 (Tex.Cr.App. 1988).

  2. Abdnor v. State

    808 S.W.2d 476 (Tex. Crim. App. 1991)   Cited 25 times   2 Legal Analyses
    In Almanza, we observed that if the error was subject to a timely objection at trial, "then reversal is required if the error is 'calculated to injure the rights of the defendant' which means that there must be no more than that there must be some harm to the accused from the error."

    On numerous occasions, former Presiding Judge Onion chastised the majority for failing to address issues before this Court even though not addressed by the lower court, and for remanding cases to the Courts of Appeals to perform some function this Court was capable of performing. See Orn v. State, 753 S.W.2d 394 (Tex.Cr.App. 1988) (Onion, P.J., dissenting: "I vigorously dissent to the failure of the majority to dispose of this cause now" ). It was in such a dissent that Judge Onion coined the now popular phrase of "appellate orbit":