Cullen v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

The Gaskin rule provides that when a State’s witness has made a report or has given a statement prior to testifying, the defendant, after a timely request, is entitled to inspect and use such prior available report or statement for cross-examination and impeachment purposes, even though the witness may not have used the instrument to refresh his memory. Gaskin v. State, 172 Tex.Cr.R. 7, 353 S.W.2d 467 (1961); Pinson v. State, 598 S.W.2d 299 (Tex.Cr.App.1980); Mendoza v. State, 552 S.W.2d 444 (Tex.Cr.App.1977); Zanders v.…