Legal Opinion · Dissent

Williams v. State

Court of Appeals of Texas

Decided April 11, 2002No. 2-01-037-CRPublished

1DissentDauphinot, Justice

The majority holds that a defendant in a criminal case may not voluntarily introduce demonstrative evidence of a physical characteristic or condition unless he also takes the stand as a witness and subjects himself to cross-examination. On the other hand, the majority specifically holds that the State can compel the defendant to present the same evidence. According to the majority, then, if the State introduces demonstrative evidence of a physical characteristic or condition, the defendant’s rights against self-incrimination are not implicated; if the defendant introduces the same evidence,…

2Cases cited10 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. United States v. DionisioSupreme Court of the United States · 1973
  4. Jones v. StateCourt of Criminal Appeals of Texas · 1990
  5. Olson v. StateCourt of Criminal Appeals of Texas · 1969

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