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Oulare v. State

Blue did not dispense with the need to comply with Texas Rule of Appellate Procedure 33.1, save in those instances wherein the judge's conduct rises to the level of impugning the presumption of innocence, denying an accused the basic right to an impartial jurist or tribunal or the like.

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Appellant Lureaner Oulare appeals her conviction for interfering with public duties. She asserts one issue before us, and it involves various comments made by the trial court to the venire members during voir dire. Those comments, which purportedly instructed the venire that the police officers who were to testify were telling the truth and which informed the jurors that they were part of the “government,” were “fundamental structural error of constitutional dimension that require the reversal of the judgment,” according to appellant. *fn1 We overrule the issue and affirm the judgment.

Background

Whether a particular matter constitutes error often depends upon the context of the act. This means that the context of the act is quite important to our review. See Means v. State, 955 S.W.2d 686, 692 (Tex. App.-Amarillo 1997, pet. ref’d, untimely filed) (stating that an appellant is not free to dissect a trial record for words which may be rendered ambiguous when taken from their context and then use them, once removed from their context, to complain of error). Thus, we are compelled to view the utterances at issue within their context, and that context follows.

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