philip964 wrote:http://www.chron.com/news/houston-texas ... 966621.php
Appeals court overturns conviction. Gets a new trial.
Based on confusing instructions to the jury.
I suspect he will be convicted again in the new trial.
Not many murder convictions get overturned, so the jury instruction must have been really bad. Every trial has errors, but most are found by appellate courts to be "harmless errors" even when they are not. Prosecutors know full well how to instruct juries, as do criminal court judges. This is what happens when you try to play fast and loose with an instruction to gain an advantage. The state should have to reimburse 100% of his attorney fees and other legal defense costs for both the trial and the appeal.
Chas