Legal Opinion · Concurrence

Buckley v. State

Court of Appeals of Texas

Decided August 23, 1988No. 6-87-088-CRPublished

1ConcurrenceCornelius, Chief Justice

I agree with Justice Grant’s opinion, but write to add my comments and additional reasons why I do not believe the statute in question violates either the constitutional right of confrontation or due process.

In California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970), and other cases, the United States Supreme Court made it abundantly clear that it is the right to confront the witnesses at trial, Id. at 157, 90 S.Ct. at 1934, 26 L.Ed.2d at 496, that is protected by the Sixth Amendment, and as stated by the court:

[T]he Confrontation Clause is not violated by admitting a…

2Cases cited9 opinions

  1. Ohio v. RobertsSupreme Court of the United States · 1980
  2. Pointer v. TexasSupreme Court of the United States · 1965
  3. California v. GreenSupreme Court of the United States · 1970
  4. In Re Murchison.Supreme Court of the United States · 1955
  5. Conger v. StateCourt of Criminal Appeals of Texas · 1911

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