Legal Opinion

State of Texas v. Medrano, Matthew

Court of Criminal Appeals of Texas

Decided February 4, 2004No. PD-1919-02Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 1919-02

THE STATE OF TEXAS, Appellant

vs.

MATTHEW MEDRANO, Appellee

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE EIGHTH COURT OF APPEALS

EL PASO COUNTY

Cochran, J., filed a concurring opinion, joined by Keller, P.J., and Holcomb, J.

OPINION

I concur in the Court's judgment and agree that the reliability approach concerning post-hypnotic testimony that is set out in Zani v. State, (1) was carried forward under Kelly v. State (2) and its progeny. (3) However, I respectfully disagree with Zani's creation of a "clear and convincing" standard of proof…

2Cases cited19 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. Bourjaily v. United StatesSupreme Court of the United States · 1987
  4. Rock v. ArkansasSupreme Court of the United States · 1987
  5. Huddleston v. United StatesSupreme Court of the United States · 1988

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