Farmah v. State

I write separately to address the Court of Appeals’ holding that “trickery or deception *680does not render a confession involuntary, unless the method used was calculated to produce an untruthful confession or was offensive to due process.” Farmah v. State, 789 S.W.2d 665, 671 (Tex.App.—Houston [1st Dist.] 1990).1 The question of whether a confession is truthful has no bearing on the determination of whether the confession was voluntarily obtained under the Fifth and Fourteenth Amendments.

In Rogers v. Richmond, 365 U.S. 534, 81 S.Ct. 735, 5 L.Ed.2d 760 (1961), the Supreme Court considered the…