Legal Opinion
Gonzalez v. State
Court of Appeals of Texas
Decided June 9, 1988No. 01-87-00493-CRPublishedCited by 3 opinions
1Opinion of the Court
OPINION
JACK SMITH, Justice.
A jury found appellant guilty of murder and assessed his punishment at 40 years confinement.
In his first point of error the appellant contends that the trial court erred in allowing a State’s witness to give identification testimony because of an impermissibly suggestive photographic spread.
The two-part test to be used when challenging a pre-trial identification proceeding is set forth in Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968). First, the photographic display itself must be impermissibly suggestive. Second, the display must give…
2Cases cited11 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Simmons v. United StatesSupreme Court of the United States · 1968
- Neil v. BiggersSupreme Court of the United States · 1972
- Manson v. BrathwaiteSupreme Court of the United States · 1977
- Rumbaugh v. StateCourt of Criminal Appeals of Texas · 1982
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3Cited by3 opinions
- Thomas v. StateCourt of Appeals of Texas · 1990
- Jerald D. Clark v. State, Texas Court of Appeals, 3rd District (Austin)1994
- Juan Antonio Mendoza v. State, Texas Court of Appeals, 13th District2005