Legal Opinion

Pruitt v. State

Court of Appeals of Texas

Decided May 4, 1989No. 2-88-086-CRPublishedCited by 32 opinions

1Opinion of the Court

OPINION

FARRIS, Justice.

This appeal involves the question of whether the State may impeach its own witness with a prior inconsistent statement when it has called the witness knowing that he will provide little or no testimony useful to the State. We hold the right to impeach one’s own witness by use of a prior inconsistent statement does not extend to employment of such impeachment as a mere subterfuge to get otherwise inadmissible hearsay evidence before a jury.

We affirm the judgment of the trial court because we find beyond a reasonable doubt that the error in admitting the hearsay evidence…

2Cases cited5 opinions

  1. United States v. Clinton WebsterCourt of Appeals for the Seventh Circuit · 1984
  2. United States v. Barry Kendall Hogan, and Mark Bradford HoganCourt of Appeals for the Fifth Circuit · 1985
  3. United States v. James F. JohnsonCourt of Appeals for the D.C. Circuit · 1986
  4. United States v. Larry PetermanCourt of Appeals for the Tenth Circuit · 1988
  5. Smith v. State, Texas Court of Appeals, 1st District (Houston)1987

3Cited by32 opinions

  1. Barley v. StateCourt of Criminal Appeals of Texas · 1995
  2. Hughes v. StateCourt of Criminal Appeals of Texas · 1999
  3. Arrick v. State, Texas Court of Appeals, 3rd District (Austin)2003
  4. Armstead v. StateCourt of Appeals of Texas · 1998
  5. Donald v. StateCourt of Appeals of Texas · 2018

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