Brito Carrasco v. State

COCHRAN, J.,

filed a concurring opinion in which HOLCOMB, J., joined.

I join the majority opinion. I write separately only to emphasize that there is an important distinction between a stipulation of evidence and an admission of a party opponent, which may be contained within a stipulation.

A valid written stipulation of evidence which meets the legal requirements of formality is binding on the parties in that trial.1 It is conclusive evidence of the facts to be proved and may not be countered with other evidence — at least not over objection.2 A formal stipulation of evidence which has been…