Powell v. State

REMAND FROM COURT OF CRIMINAL APPEALS

LAGARDE, Justice.

In our original opinion in this case, we held that the videotaped testimony of the five-year-old victim, admitted pursuant to sections 4 and 5 of article 38.071 of the Texas Code of Criminal Procedure, violated Powell’s right to confrontation under the sixth amendment to the United States Constitution and article 1, section 10, of the Texas Constitution. The Court of Criminal Appeals agreed with our analysis; however, pursuant to its decision in Mallory v. State, 752 S.W.2d 566 (Tex.Crim.App.1988), that court remanded this case to this…