Kenneth Wayne Hall v. the State of Texas - Possession of Firearm by Felon
Summary
The Texas Court of Appeals affirmed a ruling against Kenneth Wayne Hall, who was convicted of aggravated assault with a deadly weapon and unlawful possession of a firearm by a felon. The court found that Hall's complaint regarding impeachment of a witness was not preserved for appellate review.
What changed
The Texas Court of Appeals, Tenth District (Waco), affirmed the trial court's judgments against Kenneth Wayne Hall in two consolidated cases (Docket Numbers 10-25-00094-CR and 10-25-00095-CR). Hall was convicted of aggravated assault with a deadly weapon and unlawful possession of a firearm by a felon, receiving sentences of 70 years and 50 years, respectively. The appellate court overruled Hall's sole issue, which argued the trial court abused its discretion by failing to permit impeachment of a witness with a prior inconsistent statement, because Hall failed to preserve this complaint for review by not informing the trial court of his grounds for the ruling sought.
This decision means the convictions and sentences stand. For legal professionals and courts, this case reinforces the importance of proper preservation of error under Texas Rule of Appellate Procedure 33.1. Failure to make specific complaints to the trial court can result in those issues being waived on appeal. There are no new compliance requirements or deadlines for regulated entities, as this is a specific criminal case appeal.
Penalties
Sentenced to 70 years and 50 years in prison.
Source document (simplified)
Jump To
Top Caption Disposition Lead Opinion The text of this document was obtained by analyzing a scanned document and may have typos.
Support FLP
CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.
Please become a member today.
March 12, 2026 Get Citation Alerts Download PDF Add Note
Kenneth Wayne Hall v. the State of Texas
Texas Court of Appeals, 10th District (Waco)
- Citations: None known
- Docket Number: 10-25-00094-CR
- Nature of Suit: Poss of a Firearm by Felon
Disposition: Affirmed
Disposition
Affirmed
Lead Opinion
Court of Appeals
Tenth Appellate District of Texas
10-25-00094-CR
10-25-00095-CR
Kenneth Wayne Hall,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
443rd District Court of Ellis County, Texas
Judge Grace Ruth Pandithurai, presiding
Trial Court Cause Nos. 51535CR; 51534CR
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Kenneth Wayne Hall was convicted of one charge of aggravated assault
with a deadly weapon and one charge of unlawful possession of a firearm by a
felon, each enhanced with two prior convictions, and sentenced to 70 years and
50 years, respectively, in prison. See TEX. PENAL CODE ANN. §§ 22.02(b)(l);
46.04(e).
In his sole issue in each appeal, Hall complains the trial court abused its
discretion in failing to permit Hall’s attempted impeachment of a witness with
a prior inconsistent statement pursuant to Texas Rule of Evidence 613. TEX.
R. EVID. 613. Hall, however, never informed or complained to the trial court
that Hall was attempting to impeach the witness or that the court improperly
denied his right to impeach the witness.
Rule 33.1 of the Texas Rules of Appellate Procedure provides that as a
prerequisite to presenting a complaint for appellate review, the record must
show that the party "stated the grounds for the ruling ... sought from the trial
court with sufficient specificity to make the trial court aware of the complaint."
TEX. R. APP. P. 33.1; Reyna v. State, 168 S.W.3d 173, 177 (Tex. Crim. App.
2005). Thus, the party complaining on appeal must, at the earliest opportunity,
have done everything necessary to bring to the judge's attention the very
complaint that party is now making on appeal. Golliday v. State, 560 S.W.3d
664, 669 (Tex. Crim. App. 2018); Martinez v. State, 91 S.W.3d 331, 336 (Tex.
Crim. App. 2002). Accordingly, Hall’s complaint in each appeal is not
preserved for review on appeal, and his sole issue is overruled. See TEX. R.
APP. P. 33.1(a).
The trial court’s judgments are affirmed.
LEE HARRIS
Justice
Hall v. State Page 2
OPINION DELIVERED and FILED: March 12, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed
Do Not Publish
CRPM
Hall v. State Page 3
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get State Courts alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when Texas Court of Appeals publishes new changes.