Legal Opinion · Concurrence

Ex Parte Lewis

Court of Criminal Appeals of Texas

Decided January 10, 2007No. PD-0577-05Published

1ConcurrenceCochran, J.

I join the majority opinion. I write separately to set out additional reasons for overruling Bauder1 And, as the author of the opinion in Ex parte Wheeler;21 also fall upon my sword.

*372Swanda Lewis was charged with murdering her husband. During the trial, the prosecutor asked her, on three separate occasions, whether she had told the 911 operator, the crime scene officer, or the detective to whom she had given a post-arrest statement, anything about her trial-time testimony that her husband had raped her immediately before she killed him. Each time the defense objected, stating that these…

2Cases cited16 opinions

  1. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  2. Payne v. TennesseeSupreme Court of the United States · 1991
  3. Brown v. AllenSupreme Court of the United States · 1953
  4. Oregon v. KennedySupreme Court of the United States · 1982
  5. Booth v. MarylandSupreme Court of the United States · 1987

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