Legal Opinion

State v. Frye

Court of Appeals of Texas

Decided December 31, 1992No. C14-91-01392-CRPublishedCited by 10 opinions

1Opinion of the Court

OPINION

DRAUGHN, Justice.

The state appeals the trial court’s dismissal of an indictment for prosecutorial misconduct. Two representatives of the District Attorney’s office made two separate telephone contacts with appellee and recorded them without notifying his attorney. The trial court found that the appel-lee was denied his Sixth amendment right to counsel as a result of this behavior, and dismissed the indictment with prejudice. The trial court also found the prosecutor in question in violation of State Bar ethics rules. On appeal, the state brings three points of error, asserting that: 1)…

2Cases cited18 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Massiah v. United StatesSupreme Court of the United States · 1964
  5. Moran v. BurbineSupreme Court of the United States · 1986

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3Cited by10 opinions

  1. State v. FryeCourt of Criminal Appeals of Texas · 1995
  2. Gaitan v. State, Texas Court of Appeals, 14th District (Houston)1995
  3. State v. PiorkowskiSupreme Court of Connecticut · 1997
  4. State v. Roberts, Texas Court of Appeals, 12th District (Tyler)1996
  5. Dunn v. StateCourt of Appeals of Texas · 1994

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