Legal Opinion

Miles v. State

Texas Court of Appeals, 1st District (Houston)

Decided November 29, 2001No. 01-00-01146-CRPublishedCited by 16 opinions

1Opinion of the Court

OPINION

TIM TAFT, Justice.

Appellant, Foster Lynn Miles, was tried for two counts of sexual assault of A.M., a child: one by fondling, and one by intercourse. A jury acquitted appellant of fondling, but convicted appellant of intercourse, and assessed his punishment at 12 years in prison. We address whether the trial court erred by denying appellant’s request to present evidence of the complainant’s prior statements regarding sexual intercourse with someone other than appellant. We reverse.

Facts

Appellant was dating A.M.’s mother. When A.M. was nine years old, appellant moved in with A.M., her…

2Cases cited8 opinions

  1. Mozon v. StateCourt of Criminal Appeals of Texas · 1999
  2. Boyle v. StateCourt of Criminal Appeals of Texas · 1991
  3. Briggs v. StateCourt of Criminal Appeals of Texas · 1987
  4. Wofford v. State, Texas Court of Appeals, 5th District (Dallas)1995
  5. Hood v. State, Texas Court of Appeals, 7th District (Amarillo)1997

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

3Cited by16 opinions

  1. LaPointe v. State, Texas Court of Appeals, 3rd District (Austin)2005
  2. Dataurus Denzell Gotcher v. State, Texas Court of Appeals, 6th District (Texarkana)2014
  3. Kennedy v. State, Texas Court of Appeals, 6th District (Texarkana)2006
  4. Carmon Kennedy v. State, Texas Court of Appeals, 6th District (Texarkana)2005
  5. Dataurus Denzell Gotcher v. State, Texas Court of Appeals, 6th District (Texarkana)2014

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

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