Legal Opinion · Dissent

Bauder v. State

Court of Criminal Appeals of Texas

Decided May 8, 1996No. 1058-94Published

1DissentMcCORMICK, Presiding Judge

“ ‘This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added.’ ” Miranda v. Arizona, 384 U.S. 436, 526, 86 S.Ct. 1602, 1654-55, 16 L.Ed.2d 694 (1966) (Harlan, J., dissenting).

This is another one of those Heitman1 eases where the majority discovers yet another important State constitutional right that until now has gone unnoticed. Under the guise of interpreting our State Constitution, the majority’s agenda here is to provide criminal defendants “more protection” 2 than that provided by the United…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  3. State v. KennedyOregon Supreme Court · 1983
  4. Davenport v. GarciaTexas Supreme Court · 1992
  5. Pool v. Superior CourtArizona Supreme Court · 1984

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