Legal Opinion · Dissent

McCullough v. State

Texas Court of Appeals, 14th District (Houston)

Decided May 29, 2002No. 14-00-00430-CRPublished

1DissentCharles F. Baird, Justice

Appellant’s sole point of error contends trial counsel was ineffective in failing to object to inadmissible hearsay. The plurality overrules that point of error, but in doing so employs an incorrect legal analysis, and creates arguments that are factually untrue and legally incorrect. Therefore, I lodge this dissent.

I. Factual Summary

Prior to trial, counsel presented an oral motion in limine requesting the State not be permitted to introduce evidence of appellant being the subject of an informant’s tip to the Crime Stoppers organization. The trial court denied the motion. Later, Mike Rivera,…

2Cases cited25 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1999
  3. Dinkins v. StateCourt of Criminal Appeals of Texas · 1995
  4. McDuff v. StateCourt of Criminal Appeals of Texas · 1997
  5. Jackson v. StateCourt of Criminal Appeals of Texas · 1998

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