Nunfio v. State

In Nunfio v. State, 808 S.W.2d 482 (Tex. Crim. App. 1991), the defendant requested permission from the trial court to ask a question using a hypothetical fact situation during voir dire. Id. at 484. The trial court denied the request. The Court held that because "the trial court was on notice of the question defendant wanted to ask, and specifically refused defendant's request to ask the question," error was preserved. Id. "Once defendant posed the specific question he sought to ask the venire and the judge refused to allow the question, the ruling by the trial court amounted to a direct order not to ask the question. Appellant obtained a specific ruling as to a specific question and properly preserved the issue for review." Id. The Court held that the question "can you be fair and impartial if the victim in this case is a nun?" was a proper question and the trial court erred to prohibit Nunfio's asking the question. In support of this holding we said: The question posed by appellant's counsel sought to determine potential bias or prejudice in favor of the victim by virtue of her vocation. Similar inquiries have been held to be proper. The question in this case was proper and, thus, error is shown. Nunfio, 808 S.W.2d at 484-85.