Legal Opinion

Flores v. State

Court of Criminal Appeals of Texas

Decided December 15, 2004No. PD-1908-02PublishedCited by 16 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HolcombHolcomb, J.

in which KELLER, P.J., and MEYERS, WOMACK, HERVEY, and COCHRAN, JJ„ joined.

The issue we decide today is whether, absent a compelling need for the testimony, it is error to order defense counsel to testify over objection when called by the State as a fact witness. We conclude it is and reverse the judgment of the appellate court.

I. The Relevant Facts

A jury convicted appellant of aggravated assault, and the trial court, after finding the enhancement paragraphs true, sentenced him to fifteen years in prison. The victim was stabbed several times during a knife fight in a nightclub…

3Cases cited18 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Monreal v. StateCourt of Criminal Appeals of Texas · 1997
  3. Bray v. StateCourt of Criminal Appeals of Texas · 1972
  4. Ullmann v. StateSupreme Court of Connecticut · 1994
  5. United States v. Frank G. PrantilCourt of Appeals for the Ninth Circuit · 1985

13 more not listed; retrieve them via the Exa API.

4Cited by16 opinions

  1. Johnson v. State, Texas Court of Appeals, 14th District (Houston)2011
  2. State v. GoldsberryCourt of Appeals of Maryland · 2011
  3. Bobby J. Mitchell v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  4. Bobby J. Mitchell v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  5. Bobby J. Mitchell v. State, Texas Court of Appeals, 7th District (Amarillo)2008

11 more not listed; retrieve them via the Exa API.

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