Brandley v. State

In Brandley v. State, 691 S.W.2d 699, 712 (Tex. Crim. App. 1985), the prosecutor asked the jurors during the punishment phase of the trial to place themselves in the shoes of the child victim's father. See Brandley, 691 S.W.2d at 712. Defense counsel objected, the court sustained the objection, and the judge instructed the jury to disregard the statement. Id. at 713. The Court of Criminal Appeals found the argument to be an improper plea to the jurors to abandon their objectivity, but nevertheless harmless in light of the record as a whole and the timely instruction to disregard. Id. The Court determined that the prosecutor's request for jurors to place themselves in the shoes of the child-sexual-assault-and-murder-victim's father was an improper plea to the jurors to abandon their objectivity. Brandley, 691 S.W.2d at 712. Defense counsel objected, the trial court sustained the objection, and the trial court instructed the jury to disregard the statement. Id. at 713. In light of the timely instruction to disregard and the record as a whole, the Court concluded that the prosecutor's plea was harmless. Id.