Legal Opinion · Dissent

Thomas v. State

Court of Appeals of Texas

Decided January 4, 1982No. 05-81-00063-CRPublished

1DissentSparling, Justice

I respectfully dissent.

The majority has declared the trial court to be in error for failing to allow the defendant to present a truth and veracity witness. I would hold that under the circumstances presented here, the trial judge’s discretion should be honored, and accordingly, would affirm.

Generally, a witness testifying that a pri- or witness has a good reputation for truth and veracity is a form of bolstering, and therefore, not admissible. Stewart v. State, 587 S.W.2d 148 (Tex.Cr.App.1979); Wallace v. State, 501 S.W.2d 883 (Tex.Cr.App.1973). The noted exceptions to this rule are when the…

2Cases cited19 opinions

  1. Brown v. StateCourt of Criminal Appeals of Texas · 1971
  2. O'BRYAN v. StateCourt of Criminal Appeals of Texas · 1979
  3. Coca-Cola Bottling Co. v. Chauffeurs, Local Union No. 878Supreme Court of the United States · 1980
  4. Franklin v. StateCourt of Criminal Appeals of Texas · 1979
  5. Community Loan Corp. v. CodySupreme Court of the United States · 1980

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