in the Matter of H v.

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-029-CV

IN THE MATTER OF H.V.

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FROM THE 323RD DISTRICT COURT OF TARRANT COUNTY

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OPINION ON REHEARING

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Following the issuance of our original opinion, the State filed a motion for rehearing arguing that we erred in our analysis of the State=s second issue by drawing a distinction between a custodial statement made voluntarily in the accidental absence of Miranda warnings (an accidentally unwarned statement) and a custodial statement made after a suspect had invoked his right to counsel and questioning…