Legal Opinion

Hammer v. State

Court of Criminal Appeals of Texas

Decided April 8, 2009No. PD-0786-08PublishedCited by 420 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · CochranCochran, J.

Appellant claims that the court of appeals erred when it held that the trial court did not abuse its discretion in excluding evidence that the complainant in this prosecution for indecency with a child had previously made a false accusation of “rape.” 1 We agree with appellant that the trial judge abused her discretion in excluding some of the evidence appellant offered to demonstrate the complainant’s motive to falsely accuse him of molestation. We therefore reverse the judgment and remand this case for further proceedings in the court of appeals.

I

The evidence at trial showed that…

3Cases cited29 opinions

  1. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. United States v. SchefferSupreme Court of the United States · 1998
  4. McFarland v. StateCourt of Criminal Appeals of Texas · 1992
  5. Conner v. StateCourt of Criminal Appeals of Texas · 2001

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4Cited by420 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 2016
  2. Newton v. State, Texas Court of Appeals, 10th District (Waco)2010
  3. Edward George McGregor v. State, Texas Court of Appeals, 1st District (Houston)2012
  4. Pierson, Leonard Jr.Court of Criminal Appeals of Texas · 2014
  5. Johnson v. StateCourt of Appeals of Texas · 2014

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