Brown v. State

The answer given to the first question is correct.1 To the second question posed by appellant the plurality quickly, broadly and irrationally responds with an erroneous answer. While it may be that the Texas Constitution does not provide “an independent basis that would support the Court’s conclusion” on original submission,2 see, e.g., Rochelle v. State, 107 Tex.Cr.R. 79, 294 S.W. 860, 863 (1927) (Opinion on Rehearing), still we ought not gratuitously to say that the reason there is not “an independent basis” is because we have3 and “shall *800continue” to interpret our Constitution “in harmony”…