Legal Opinion · Dissent

Rodriguez v. State

Court of Criminal Appeals of Texas

Decided June 25, 1969No. 41572Published

1DissentOnion, Judge

I feel compelled to dissent to the overruling of appellant’s ground of error #2, which complaint appellant first embodied in his amended motion for new trial. Even without consideration of whether the stipulation entered complies with Article 1.15, V.A.C.C.P., it is observed that the record is silent as to a waiver by the appellant of the appearance, confrontation or cross-examination of the complaining witness J. M. Soliz. A silent record will not support the waiver of a valuable constitutional right such as the right to confrontation guaranteed by the Sixth Amendment of the United States…

2Cases cited35 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Glasser v. United StatesSupreme Court of the United States · 1942
  4. Mapp v. OhioSupreme Court of the United States · 1961
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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