Fuentes v. State

In Fuentes v. State, 664 S.W.2d 333 (Tex. Crim. App. 1984), the prosecutor objected to defense counsel's assertion that the defendant had been held for 15 days "before they delivered him to the Dallas County Sheriff, who then put him in Parkland Hospital for treatment to recover from the beatings that police gave him." Id. at 335. The prosecutor responded, "Oh, Judge, we object to that, he is in bad faith like usual and we object to it. That is a bunch of garbage and he knows it." Id. The trial court sustained the prosecutor's objection and instructed the jury to disregard defense counsel's comments. Id. On appeal, the defendant complained of the prosecutor's statement; the appellate court agreed and granted a new trial because the "prosecutor's comment was manifestly improper, harmful, and prejudicial, thus constituting reversible error." Id. at 337.