Cates, Jesse Dan

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 1206-02

JESSE DAN CATES, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE ELEVENTH COURT OF APPEALS

STEPHENS COUNTY

O P I N I O N

In this case we must decide whether a trial court abuses its discretion when it refuses to allow defense witnesses to testify at a Franks evidentiary hearing after: (1) a defendant has made a substantial preliminary showing of falsity, and (2) the State has been allowed to present testimony in support of the affidavit's accuracy and the affiant's veracity. (1) The court of appeals held…