Legal Opinion · Concurrence

Tyler v. State

Court of Appeals of Texas

Decided June 13, 1974No. 7593Published

1ConcurrenceKeith, Justice

I join in the majority opinion which upholds the constitutionality of Family Code, § 54.04(b), V.T.C.A., against the attack made — that the minor was denied his constitutionally protected right of confrontation by witnesses and his concomitant right of cross-examination of such witnesses.

The narrow question of constitutional law presented is new in the sense that it arises under a new statute; it is not new in the context of being a new question of constitutional right. The Family Code so recently adopted has brought to this field of the law the well-known bifurcated trial. In the…

2Cases cited7 opinions

  1. Williams v. New YorkSupreme Court of the United States · 1949
  2. Townsend v. BurkeSupreme Court of the United States · 1948
  3. Specht v. PattersonSupreme Court of the United States · 1967
  4. Gregg v. United StatesSupreme Court of the United States · 1969
  5. Smith v. StateCourt of Appeals of Texas · 1969

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