Clark v. State (2010)

In Clark v. State, 305 S.W.3d 351 (Tex. App.--Houston 14th Dist. 2010, no pet.), the defendant in Clark argued on appeal that the trial court had erred "by constantly allowing the State to badger, harass, and physically intimidate him" during his capital murder trial. Clark, 305 S.W.3d at 354. On appeal, the defendant argued that his trial was fundamentally unfair due to prosecutorial misconduct. Id. at 355. However, at trial the defendant repeatedly objected on the grounds of "sidebar, argumentative, mischaracterization, invading the province of the jury, and badgering." Id. Noting that the defendant did not object to prosecutorial misconduct at trial and that his appellate issues did not comport with his trial objections, the court of appeals held that the defendant had waived his complaint. Id.