Legal Opinion

Hernandez v. State

Texas Court of Appeals, 1st District (Houston)

Decided November 18, 1998No. 01-96-00893-CRPublished

1Dissent · WilsonWilson, Justice

Because I disagree with how the majority has applied the law to the specific facts of this particular case, I respectfully dissent.

*758I would hold the trial judge did not abuse her discretion in finding the predicate adequate to admit appellant’s remote conviction. Even if the record would not support the admission of the conviction regarding appellant’s credibility generally, I would find that the probative value of the conviction as impeachment evidence regarding appellant’s ability to identify the odor of burning marihuana in the room he occupied was supported by specific facts and…

Also in this document: Dissent · Taft.

2Cases cited11 opinions

  1. King v. StateCourt of Criminal Appeals of Texas · 1997
  2. Alexander v. StateCourt of Criminal Appeals of Texas · 1987
  3. Hammett v. StateCourt of Criminal Appeals of Texas · 1986
  4. Sewell v. StateCourt of Criminal Appeals of Texas · 1982
  5. McClendon v. StateCourt of Criminal Appeals of Texas · 1974

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