Legal Opinion

Chew v. State

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

Decided February 20, 1991No. 04-89-00149-CRPublishedCited by 15 opinions

1Opinion of the Court

ON APPELLEE’S MOTION FOR REHEARING EN BANC

CHAPA, Justice.

Appellee’s motion for rehearing is denied by this court sitting en banc. The opinion of November 7, 1990 is withdrawn, and the following is now filed as the opinion of this court.

We hold that reversible error was committed when 1) the appellant was refused his constitutional right of confrontation, and 2) appellant’s motion for new trial, based on jury misconduct and newly available evidence, was denied.

The appellant was tried for kidnapping aggravated by an intent to commit sexual assault, which the State clearly attempted to establish…

2Cases cited16 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  3. Davis v. AlaskaSupreme Court of the United States · 1974
  4. Pointer v. TexasSupreme Court of the United States · 1965
  5. Napue v. IllinoisSupreme Court of the United States · 1959

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3Cited by15 opinions

  1. Bath v. State, Texas Court of Appeals, 13th District1997
  2. Cuyler v. StateCourt of Appeals of Texas · 1992
  3. Saglimbeni v. State, Texas Court of Appeals, 4th District (San Antonio)2003
  4. State Ex Rel. Trump v. HottWest Virginia Supreme Court · 1992
  5. Castaneda v. State, Texas Court of Appeals, 4th District (San Antonio)1993

10 more not listed; retrieve them via the Exa API.

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