Legal Opinion
McCarty v. State
Court of Criminal Appeals of Texas
Decided June 25, 2008No. PD-1139-07PublishedCited by 197 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HolcombHolcomb, J.
In this case, we must determine whether, under Texas Rule of Evidence 803(2), the event about which an excited utterance is made has to be the same event that caused the declarant’s excitement. We hold that it does not and affirm the judgment of the court of appeals.
Background
Appellant Andrew Tyrone McCarty was tried in 2000 on two counts of indecency with his five-year-old step-daughter, 1 but a mistrial was declared. In 2006, appellant was tried again on the same two counts of indecency with a child and also on two additional indictments for aggravated sexual assault of the child by…
3Cases cited8 opinions
- Zuliani v. StateCourt of Criminal Appeals of Texas · 2003
- Cantu v. StateCourt of Criminal Appeals of Texas · 1992
- Apolinar v. StateCourt of Criminal Appeals of Texas · 2005
- Tezeno v. StateCourt of Criminal Appeals of Texas · 1972
- Sellers v. StateCourt of Criminal Appeals of Texas · 1979
3 more not listed; retrieve them via the Exa API.
4Cited by197 opinions
- Javara Price v. StateCourt of Appeals of Texas · 2016
- Jimenez v. State, Texas Court of Appeals, 4th District (San Antonio)2010
- Simmons v. State, Texas Court of Appeals, 1st District (Houston)2009
- Brown v. State, Texas Court of Appeals, 5th District (Dallas)2009
- Stine v. State, Texas Court of Appeals, 6th District (Texarkana)2009
192 more not listed; retrieve them via the Exa API.