Legal Opinion · Dissent

Allen v. State

Court of Appeals of Texas

Decided April 5, 1990No. B14-88-1109-CRPublished

1DissentSears, Justice

I respectfully dissent.

Appellant asked state’s witness, Officer Williams, if he had made the prior contradictory statements and the witness admitted that he did. Yet, the trial court refused to allow him to explain those discrepancies. This is error. Tex.R.Crim.Evid. 612(a).

The State’s trial objections that appellant was not following the requirements of Tex. R.Crim.Evid. 612, were not proper objections because they lacked specificity. See Goodrich v. State, 632 S.W.2d 349 (Tex.Crim.App.1982). These objections were not specific and failed to state which aspect of Tex.R.Crim.Evid. 612 was…

2Cases cited5 opinions

  1. United States v. Sheri Lee McCradyCourt of Appeals for the Eighth Circuit · 1985
  2. Pyles v. StateCourt of Criminal Appeals of Texas · 1988
  3. Ellingsworth v. StateCourt of Criminal Appeals of Texas · 1972
  4. Goodrich v. StateCourt of Criminal Appeals of Texas · 1982
  5. Weaver v. StateCourt of Criminal Appeals of Texas · 1971

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