Legal Opinion
Oursbourn v. State
Court of Criminal Appeals of Texas
Decided June 4, 2008No. PD 1687-06PublishedCited by 552 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
We granted review in this case to clarify when a trial court has the duty to instruct the jury on the voluntariness of a defendant’s statement in the absence of any request for such instructions. 1 We hold that when the evidence raises an issue of the “voluntariness” of a defendant’s statement under Article 38.22, 2 the trial judge must give a general voluntariness instruction under Sections 6 and 7 of that article because it is the “law applicable to the case.” But when the defendant does not request this statutorily mandated instruction, the trial court’s failure to include it is…
3Cases cited46 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Mincey v. ArizonaSupreme Court of the United States · 1978
- Colorado v. ConnellySupreme Court of the United States · 1986
- Culombe v. ConnecticutSupreme Court of the United States · 1961
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4Cited by552 opinions
- Estrada v. StateCourt of Criminal Appeals of Texas · 2010
- Davis v. StateCourt of Criminal Appeals of Texas · 2010
- Wilson v. StateCourt of Criminal Appeals of Texas · 2010
- Villarreal, Rene DanielCourt of Criminal Appeals of Texas · 2015
- Leza v. StateCourt of Criminal Appeals of Texas · 2011
547 more not listed; retrieve them via the Exa API.