Legal Opinion

Mitchell v. State

Texas Court of Appeals, 1st District (Houston)

Decided August 22, 2007No. 01-04-00853-CRPublishedCited by 17 opinions

1Opinion of the Court

OPINION

SHERRY RADACK, Chief Justice.

A jury convicted appellant, Murphy James Mitchell, of two charges of aggravated sexual assault of a child and assessed punishment at 80 years’ confinement on each charge. In three points of error, appellant contends the trial court erred by (1) admitting the videotaped testimony of the child complainant, (2) finding that the child complainant was unavailable to testify, and (3) allowing any testimony by the child complainant after “The Rule” was violated. We affirm.

BACKGROUND

The complainant, D.P., was four years old at the time of the alleged offense and…

2Cases cited16 opinions

  1. Maryland v. CraigSupreme Court of the United States · 1990
  2. Reyna v. StateCourt of Criminal Appeals of Texas · 2005
  3. Briggs v. StateCourt of Criminal Appeals of Texas · 1990
  4. Holder v. United StatesSupreme Court of the United States · 1893
  5. Holland v. StateCourt of Criminal Appeals of Texas · 1991

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Ashley Malone Spikes v. State, Texas Court of Appeals, 1st District (Houston)2011
  2. David Michael Galindo v. State, Texas Court of Appeals, 14th District (Houston)2007
  3. Dedrick Dewayne Davis v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2026
  4. Derek Leyva Garcia v. State, Texas Court of Appeals, 8th District (El Paso)2012
  5. Derek Leyva Garcia v. State, Texas Court of Appeals, 8th District (El Paso)2012

12 more not listed; retrieve them via the Exa API.

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