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TX · rules

Tex. R. App. P. 44.2

Reversible Error in Criminal Cases

activein force · 2026-02-06 – presentact-effective-date

(a) Constitutional Error. If the appellate record

in a criminal case reveals constitutional error

that is subject to harmless error review, the

court of appeals must reverse a judgment of

conviction or punishment unless the court

determines beyond a reasonable doubt that

the error did not contribute to the conviction

or punishment.

(b) Other Errors. Any other error, defect,

irregularity, or variance that does not affect

substantial rights must be disregarded.

(c) Presumptions. Unless the following matters

were disputed in the trial court, or unless the

record affirmatively shows the contrary, the

court of appeals must presume:

(1) that venue was proved in the trial court;

(2) that the jury was properly impaneled

and sworn;

(3) that the defendant was arraigned;

(4) that the defendant pleaded to the

indictment or other charging instrument;

and

(5) that the court's charge was certified by

the trial court and filed by the clerk

before it was read to the jury.

History

Notes and Comments Comment to 1997 change: Former Rules 80(d), 81 and 83 are merged. The reversible error standard in subdivision 44.1 is amended to omit the reference to an action “reasonably calculated to cause” an improper judgment, but no substantive change is intended. Paragraph 44.2(a) is amended to limit its standard of review to constitutional errors that are subject to harmless error review. Paragraph 44.2(b) is new and is taken from Federal Rule of Criminal Procedure 52(a) without substantive change. Paragraph 44.2(c) is former Rule 80(d) without substantive change. Subdivision 44.3 is amended to delete the reference to defects of “substance” and to delete the provisions regarding the late filing of the record.

Provenance

Source
txcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
9c473df70f2ffc186cf03b9f46d45dc38ebda61af22febf015122a280ca6c994
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