Legal Opinion
Burch, Benjamin Knighten
Court of Criminal Appeals of Texas
Decided June 26, 2013No. PD-0943-12PublishedCited by 98 opinions
1Opinion of the CourtWomack, J.
in which MEYERS, PRICE, JOHNSON, COCHRAN and ALCALA, JJ., joined.
We granted the State’s Petition for Discretionary Review to determine whether the Confrontation Clause of the United States Constitution was violated by the admission of a drug analysis when only the reviewing analyst (not the testing analyst) testified. We hold that there was such an error and affirm the judgment of the Fifth Court of Appeals to remand this case for a new trial.
I
The appellant was arrested by a Dallas police officer who saw him and a companion with drugs and paraphernalia. He was indicted for possession with…
2Cases cited7 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Pointer v. TexasSupreme Court of the United States · 1965
- Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
- Marks v. United StatesSupreme Court of the United States · 1977
- Marks v. United StatesSupreme Court of the United States · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Paredes, Jovany JampherCourt of Criminal Appeals of Texas · 2015
- Trent Mason v. State, Texas Court of Appeals, 14th District (Houston)2013
- Jason Alexander Smith v. State, Texas Court of Appeals, 14th District (Houston)2014
- Theadric Lee v. State, Texas Court of Appeals, 14th District (Houston)2013
- Phillip Brandon Adkins v. State, Texas Court of Appeals, 14th District (Houston)2013
93 more not listed; retrieve them via the Exa API.