Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Lair v. State

A reasonable probability exists that Brandon Kirk Lair's sentence would have been less severe had the jury balanced the mitigating testimony from additional witnesses. Houston's 1st Court of Appeals, No. 01-07-00414-CR.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

A jury found appellant, Brandon Kirk Lair, guilty of the offense of possession of a controlled substance, namely methylenedioxy methamphetamine (commonly known as “ecstasy”), weighing between 200 and 400 grams,*fn1 and, after appellant pleaded “true” to the allegation in one enhancement paragraph that he had been previously convicted of a felony offense, assessed his punishment at confinement for 70 years. In five points of error, appellant contends that the evidence is legally and factually insufficient to support his conviction, the trial court erred in overruling his objections after the State improperly commented on his failure to testify and on matters outside of the record, and he received ineffective assistance of counsel during the punishment phase of trial.

We reverse the portion of the judgment imposing punishment, affirm the judgment in all other respects, and remand the cause for a new punishment hearing.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
Go to Events Go to Webcasts
Civil Litigation Attorney

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Litigation Attorney II/III/IV

The County Counsel's Office is recruiting for a Litigation Attorney. These positions provide legal advice, assistance and representation in ...


Apply Now ›
Employee Benefits Attorney

Harter Secrest & Emery LLP is seeking a mid- to senior-level Employee Benefits attorney for the firm s Rochester, Buffalo or Albany offi...


Apply Now ›
Go to Lawjobs