Raphael v. State

OPINION

FABE, Justice.

I. INTRODUCTION

The prosecutor in Wilfred Raphael’s assault and kidnapping trial told the trial judge at an ex parte hearing that the complaining witness, I.W., was likely to recant, was intoxicated, and should be incarcerated until she testified. Without first notifying Raphael or his attorney of the prosecutor’s claims, the trial judge granted the prosecutor’s request, jailing I.W. and placing her children in protective custody. Raphael claims that the trial court denied his right to due process because of the potentially coercive effect of I.W.’s treatment on her…