The State Can Rest: Texas Rule of Appellate Procedure 44.2(b) and Harmless Error

This Note will outline the contours of Rule 44.2(b) by examining: (1) the reasons and motivations behind the adoption of the new rule; (2) the case law interpreting the new standard contrasted against the old rule; and (3) the potentialities inherent in the new rule for harm to the rights of the accused. Finally, this Note will illustrate why, in the interest of justice, the new rule should be discarded in favor of the old rule