Marx v. State

OPINION

in which McCORMICK, P.J., and MEYERS, PRICE, and KEASLER, JJ„ joined.

At appellant’s trial for aggravated sexual assault of a child, two child witnesses testified via two-way closed circuit television, outside appellant’s physical presence and over his objection. We granted appellant’s petition for discretionary review to determine whether the admission of the child witnesses’ testimony violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution and Article 38.071 of the Texas Code of Criminal Procedure.

The Relevant Facts

In August 1994, a Burnet…