Davis v. State

The majority errs in holding appellant was not unavailable within the meaning of Tex. R.Crim. Evid. 804. Ante, at 157. However, for the reasons stated below, the twenty-second point of error should be overruled.

Former Testimony

A. The Trial Court

Appellant was charged with attempted murder and incarcerated in an administrative segregation unit of the Harris County jail. His wife was also implicated in the crime and incarcerated in a separate facility. During *158this incarceration, detectives began developing evidence linking appellant and his wife to a separate and unrelated offense, the instant…