Opinion
NO. 14-13-00855-CR
03-05-2015
ALISHA MARIE DRAKE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 212th District Court Galveston County, Texas
Trial Court Cause No. 12CR0922
CONCURRING OPINION
The trial court committed fundamental error by (1) holding a venire panel member in contempt of court when he articulated a religious-based inability to view the graphic evidence in the sexual-performance-of-a-child case; (2) jailing him for such "conduct" in open court before the remainder of the panel; and (3) making charged religious remarks regarding a juror's role in the process. The fundamental error deprived appellant of a fair and impartial jury trial.
I disagree with my colleagues that appellant has shown harm. However, I conclude that in this context harm need not be shown. Thus, I respectfully concur in the disposition and judgment only.
/s/ Sharon McCally
Justice
Panel consists of Justices McCally, Brown, and Wise. (Wise, J. majority).
Publish — Tex. R. App. P. 47.2(b).