Legal Opinion · Dissent

Holloway v. State

Court of Criminal Appeals of Texas

Decided May 4, 1988No. 988-85Published

1DissentTeague, Judge

The issue that is before this Court is not what we as judges on this Court might personally favor, but, instead, is whether our law permitted the jury to hear vital and favorable exculpatory “reputation” evidence from the appellant’s witness that related to the complaining witness having the reputation of being a common prostitute.1 It is undisputed, according to the complainant, that appellant committed forcible sexual intercourse. However, it is also undisputed, according to appellant, that any sexual act that occurred was consensual.

The record reflects that appellant offered the defense…

2Cases cited5 opinions

  1. Davis v. AlaskaSupreme Court of the United States · 1974
  2. People v. WilliamsMichigan Supreme Court · 1982
  3. Cravens v. StateCourt of Criminal Appeals of Texas · 1985
  4. Holloway v. StateCourt of Appeals of Texas · 1985
  5. Mitchell v. StateCourt of Criminal Appeals of Texas · 1977

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