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Clark v. State

In his first issue, appellant contends that the trial court erred by constantly allowing the state to badger, harass and physically intimidate him to the point of denying his right to a fair trial and due process. While repeatedly objected to the prosecutor's comments, questions and tactics as sidebar, argumentative, mischaracterization, invading the province of the jury and badgering, he waived his due-process complaint because he never specifically objected to a violation of due-process rights during the cross examination. Houston's 14th Court of Appeals, No. 14-07-01031-CR, 01-26-2010

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Affirmed and Opinion filed January 26, 2010

OPINION

A jury convicted Vellar Clark, III of capital murder and sentenced him to life imprisonment with no possibility of parole in the Institutional Division of the Texas Department of Criminal Justice. Clark appeals the trial court’s judgment. First, Clark contends that he was denied due process during the trial because the State harassed and badgered him during cross examination. Second, Clark asserts that the trial court reversibly erred by not granting his request for a writ of attachment, and he was harmed by this denial. Third, Clark contends that he was denied a fair trial when the trial court allowed improper opinion testimony from police officers about Clark’s truthfulness. Finally, Clark asserts the court erred by denying Clark the opportunity to present evidence concerning the custody status of the complainant’s child as well as various Child Protective Services (“CPS”) records, which were allegedly essential evidence to his defense.*fn1 We affirm.

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