Thomas v. Texas (original by judge richardson)
Annotate this CaseAppellant Jeremy Thomas, was tried for the murder of Vernon Keith Moses. While the jurors were deliberating guilt, they requested that the court read to them a portion of a witness’s testimony which the trial court allowed. The jury resumed deliberations and ultimately found Appellant guilty. Appellant was sentenced to life in prison. On direct appeal, Appellant claimed that the trial court erred by reading too little testimony to the jury. The First Court of Appeals agreed that the trial court erred under Article 36.28 by failing to read additional testimony that would have been responsive to the jury’s request, but it also held that the error was harmless and therefore affirmed Appellant’s conviction. The Court of Criminal Appeals agreed that the trial court’s error was harmless and affirmed the judgment of the First Court of Appeals.
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