Legal Opinion

Jacobson, Jonathan

Court of Criminal Appeals of Texas

Decided February 6, 2013No. PD-1466-11PublishedCited by 19 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · CochranCochran, J.

PRICE, JOHNSON, HERVEY and ALCALA, JJ„ joined.

A jury convicted appellant of aggravated sexual assault of a child. During the punishment phase, appellant .testified and admitted that he had had an ongoing sexual relationship with the young girl. The court of appeals held that, under the judicially created DeGarmo 1 doctrine, as modified by Leday,2 appellant was es-topped from complaining about the State’s jury argument during the guilt phase because he had later admitted his guilt. Therefore, the court was precluded from addressing the. merits of appellant’s claim.3 We granted…

3Cases cited20 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Mosley v. StateCourt of Criminal Appeals of Texas · 1998
  4. Greene v. MasseySupreme Court of the United States · 1978
  5. Leday v. StateCourt of Criminal Appeals of Texas · 1998

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4Cited by19 opinions

  1. Carson v. StateCourt of Criminal Appeals of Texas · 2018
  2. Xavier Shrod Dukes v. StateCourt of Appeals of Texas · 2016
  3. Valentine v. Castillo, Jr. v. State, Texas Court of Appeals, 1st District (Houston)2019
  4. Pegues v. StateCourt of Appeals of Texas · 2017
  5. State v. Rolando Barragan, Texas Court of Appeals, 10th District (Waco)2013

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