Legal Opinion

Hammer v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided January 27, 2010No. 04-07-00072-CRPublishedCited by 5 opinions

1Opinion of the Court

OPINION

Opinion by:

REBECCA SIMMONS, Justice.

This appeal is on remand from the Texas Court of Criminal Appeals. Hammer was convicted by a jury of two counts of indecency with a child. After thoroughly considering the issue on remand, we conclude the trial court committed harmful error in excluding some, of the evidence Hammer offered to demonstrate the complainant’s motive to falsely accuse him of molestation. Accordingly, we reverse the trial court’s judgment and remand the case for a new trial.

Factual BackgROund

The facts giving rise to this appeal are well-detailed in the prior opinions. See…

2Cases cited4 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. King v. StateCourt of Criminal Appeals of Texas · 1997
  3. Hammer v. StateCourt of Criminal Appeals of Texas · 2009
  4. Hammer v. State, Texas Court of Appeals, 4th District (San Antonio)2008

3Cited by5 opinions

  1. Dataurus Denzell Gotcher v. State, Texas Court of Appeals, 6th District (Texarkana)2014
  2. Dataurus Denzell Gotcher v. State, Texas Court of Appeals, 6th District (Texarkana)2014
  3. David Nicholas Gallegos v. State, Texas Court of Appeals, 4th District (San Antonio)2015
  4. Jason Hosey v. State, Texas Court of Appeals, 6th District (Texarkana)2014
  5. Jerry H. Maldonado v. State, Texas Court of Appeals, 4th District (San Antonio)2013

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