Rule v. State

I join in today’s decision to reverse the trial court’s judgment and remand the cause for a new trial.

The majority has correctly determined that Rule’s forty-seven page statement was improperly admitted into evidence. The statement was taken in violation of Rule’s rights under both the Fifth and Sixth Amendments of the United States Constitution. Well-settled case law supports this conclusion. See Minnick v. Mississippi, 498 U.S. 146, 153, 111 S.Ct. 486, 491, 112 L.Ed.2d 489, 498 (1990); Murphy v. State, 801 S.W.2d 917, 919 (Tex.Crim.App.1991).

Under Rule 81(b)(2), once an error is discovered,…