Chambers v. State

I respectfully dissent. Initially, it is important to remember that we are dealing with a “recantation” of a videotape of a child faced with vulnerabilities attendant to children that would not be the same if it were an adult recantation. Also, this is a case of extenuating circumstances and facts that surround this child’s “recantation” that should be left to the jury. As pointed out by the Villalon court cited by the majority “each case must be decided and generally restricted to its own particular facts.” 739 S.W.2d at 454.

As to the sufficiency of the evidence, I disagree with the majority…