- Associated Press - Wednesday, September 24, 2014

AUSTIN, Texas (AP) - The state’s highest criminal appeals court has ordered a lower court to review arguments that improper testimony led to a Corsicana strip club owner’s misdemeanor assault conviction for using a horse whip to beat an unruly customer, who died after falling and hitting his head.

Attorneys for Thomas Sinclair told the Texas Court of Criminal Appeals that testimony from a club employee who took a plea bargain in the case was improper because the Navarro County trial judge had agreed to limit such testimony.

The testimony indicated Sinclair, who claimed self-defense in the 2008 death of Fernando Ramirez at the Wispers Cabaret, previously used his whip on customers.

The 10th Texas Court of Appeals rejected Sinclair’s appeal, but the Texas Court of Criminal Appeals returned the case Wednesday for reconsideration.

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