Legal Opinion

Cardenas v. State

Texas Court of Appeals, 1st District (Houston)

Decided March 15, 1990No. 01-89-00354-CRPublishedCited by 17 opinions

1Opinion of the Court

OPINION

COHEN, Justice.

A jury found appellant guilty of murder and assessed punishment at 35 years imprisonment.

In point of error three, appellant contends the trial court wrongly admitted in evidence the hearsay statement of the victim’s four-year-old son. The son, who did not testify, was the only eyewitness other than Imelda Baron, the victim’s wife, whose credibility was severely attacked. The son’s hearsay directly implicated appellant. The jury, which deliberated more than 13 hours over three days at the guilt stage, asked the court to reread the son’s hearsay statement during its…

2Cases cited5 opinions

  1. Livingston v. StateCourt of Criminal Appeals of Texas · 1987
  2. Anderson v. StateCourt of Criminal Appeals of Texas · 1986
  3. Schaffer v. StateCourt of Criminal Appeals of Texas · 1989
  4. Graham v. StateCourt of Criminal Appeals of Texas · 1986
  5. D. L. N. v. StateCourt of Appeals of Texas · 1979

3Cited by17 opinions

  1. City of Texarkana v. Cities of New Boston, Texas Court of Appeals, 6th District (Texarkana)2004
  2. Kelly v. State, Texas Court of Appeals, 14th District (Houston)2010
  3. Gaines v. State, Texas Court of Appeals, 1st District (Houston)1994
  4. Martin Suarez Juarez v. State, Texas Court of Appeals, 6th District (Texarkana)2015
  5. Coots v. State, Texas Court of Appeals, 1st District (Houston)1992

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