(DOWNLOAD) "Hale V. State" by Court of Appeals Second District of Texas Fort Worth * eBook PDF Kindle ePub Free
eBook details
- Title: Hale V. State
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 09, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Pursuant to Texas Rule of Appellate Procedure 50, we withdraw our March 25, 2004 opinion and judgments and substitute the following. Tex. R. App. P. 50. We clarify that we address Appellant Shane Lee Hale's complaint under only the United States Constitution and that we apply rule 44.2(a)'s constitutional harm analysis to the trial court's ruling that the testimonial statement of an accomplice is admissible against Hale. Tex. R. App. P. 44.2(a). The trial court denied Hale's pretrial motion to exclude a written testimonial statement made in the course of custodial interrogation by a non-testifying accomplice. Hale then entered negotiated guilty pleas to aggravated sexual assault charges, subject to his right to appeal the pretrial ruling. Pursuant to the plea agreement, the trial court sentenced Hale to forty years' confinement. Hale filed a notice of appeal, and the trial court certified Hale's right to appeal the pretrial ruling. Hale contends that the trial court violated his confrontation rights under the United States Constitution by ruling that the non-testifying accomplice's statement was admissible. Pursuant to the dictates of Crawford v. Washington, we agree. ___ U.S. ___, 124 S. Ct. 1354, 1374 (2004). Consequently, we reverse the trial court's judgments and remand the cases.
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