Legal Opinion

Smith v. State

Court of Criminal Appeals of Texas

Decided November 28, 2001No. 1856-00PublishedCited by 8 opinions

1Opinion of the Court

OPINION

KEASLER, J.,

delivered the unanimous opinion of the Court.

At Tirey Smith’s trial for aggravated sexual assault of a child, the child did not testify. Instead, the trial court admitted into evidence two videotaped interviews of the child. Smith argues that the admission of the tapes violated his right to confrontation. We conclude that the Court of Appeals failed to conduct the correct legal analysis, and we remand the case to that court for further review.

Factual Background

In February, 1997, 5-year-old Amber was living with her grandmother when she told her grandmother that Smith, her…

2Cases cited10 opinions

  1. Idaho v. WrightSupreme Court of the United States · 1990
  2. Maryland v. CraigSupreme Court of the United States · 1990
  3. White v. IllinoisSupreme Court of the United States · 1992
  4. Coy v. IowaSupreme Court of the United States · 1988
  5. Morgan v. ForetichCourt of Appeals for the Fourth Circuit · 1988

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Edwards v. State, Texas Court of Appeals, 6th District (Texarkana)2003
  2. Bill Cramer v. State, Texas Court of Appeals, 12th District (Tyler)2009
  3. Bill Cramer v. State, Texas Court of Appeals, 12th District (Tyler)2009
  4. Brandi Edwards v. State, Texas Court of Appeals, 6th District (Texarkana)2003
  5. Brandi Edwards v. State, Texas Court of Appeals, 6th District (Texarkana)2003

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