Legal Opinion · Dissent

Martinez v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided November 23, 1983No. 04-81-00089-CRPublished

1DissentTijerina, Justice

I respectfully dissent on the question of the voluntariness of the confession and find unassigned error in the charge.

Appellant and co-defendant Tate went to the Sheriffs Office voluntarily and were interrogated in separate rooms. Appellant admitted that his first oral statement denying knowledge of the killing was false, and when he was told by the officers that Tate had made a statement implicating him with the killing, he agreed to make a written statement. Appellant first signed a waiver of rights form; however, prior to the taking of the written statement the following relevant and…

2Cases cited20 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Mincey v. ArizonaSupreme Court of the United States · 1978
  3. Carnley v. CochranSupreme Court of the United States · 1962
  4. Rogers v. RichmondSupreme Court of the United States · 1961
  5. Payne v. ArkansasSupreme Court of the United States · 1958

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