Summary
The Ninth District Court of Appeals of Texas affirmed Daniel Kenneth Meek’s conviction for assault causing bodily injury involving family violence. The court held that Meek forfeited his constitutional challenge to the State’s repeated use of the term “victim” because his trial objection did not match his appellate complaint and he did not object each time the term was used.
Holdings
- Meek forfeited the constitutional complaint because his trial objection did not match the constitutional theory raised on appeal and he did not object each time the term "victim" was used.
Questions Presented
- Whether Meek preserved a constitutional claim that the State's use of the term "victim" denied him a fair trial and violated the presumption of innocence and due process.
- Whether the failure to object each time the term "victim" was used forfeited the appellate complaint.
Disposition
affirmed
Cases Cited (7)
- Pena v. State, 285 S.W.3d 459, 463-64 (Tex. Crim. App. 2009)(followed)
- Fuentes v. State, 991 S.W.2d 267, 273 (Tex. Crim. App. 1999)(followed)
- Clark v. State, 365 S.W.3d 333, 339-40 (Tex. Crim. App. 2012)(followed)
- Broxton v. State, 909 S.W.2d 912, 918 (Tex. Crim. App. 1995)(followed)
- Johnson v. State, 803 S.W.2d 272, 292 (Tex. Crim. App. 1990)(followed)
- Grado v. State, 445 S.W.3d 736, 739 (Tex. Crim. App. 2014)(followed)
- Marin v. State, 851 S.W.2d 275, 278-80 (Tex. Crim. App. 1993)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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