Legal Opinion

McNair v. State

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

Decided February 6, 2002No. 04-01-00215-CRPublishedCited by 16 opinions

1Opinion of the Court

Opinion by

PHIL HARDBERGER, Chief Justice.

This case involves an interesting intellectual question: If a defendant is mentally ill, is it possible for that defendant to make a statement against interest or a party opponent admission? Statements against interest and party opponent admissions are generally held admissible as exceptions to the hearsay rule because of the perceived trustworthiness of such statements which stems from the rationalization that people do not say things against their own interest unless they are true. This in turn raises the additional questions of (1) what degree of…

2Cases cited5 opinions

  1. Trevino v. StateCourt of Criminal Appeals of Texas · 1999
  2. Graham v. StateCourt of Criminal Appeals of Texas · 1978
  3. Bingham v. StateCourt of Criminal Appeals of Texas · 1999
  4. Schuessler v. StateCourt of Criminal Appeals of Texas · 1986
  5. Bee v. State, Texas Court of Appeals, 4th District (San Antonio)1998

3Cited by16 opinions

  1. Stevenson v. StateCourt of Appeals of Texas · 2010
  2. State v. Newton, Texas Court of Appeals, 4th District (San Antonio)2005
  3. State v. Ford, Texas Court of Appeals, 4th District (San Antonio)2005
  4. Brock Jerwayne Ballard v. State, Texas Court of Appeals, 11th District (Eastland)2003
  5. Dayne Adenauer White v. State, Texas Court of Appeals, 1st District (Houston)2012

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