Opinion

Ex parte Taylor

  • 777 S.W.2d 98
  • 1989 Tex. Crim. App. LEXIS 169
  • 1989 WL 107534
Court
Court of Criminal Appeals of Texas
Filed
Sep 20, 1989
Status
Published
Author
Campbell
On the bench
Miller, Campbell, Berchelmann, White, McCormick, Davis
Cited by
3 cases
Authority
More cited than 21.0%

The opinion

CAMPBELL, Judge,

concurring.

While I find that the majority reaches the correct result in this case, it does so on the weakest premise presented in applicant’s writ. I would grant relief in this case under Section IV.A. of applicant’s writ.

*101 Under Section IV.A., applicant contends that Respondent fatally and inconsistently ordered him to do two things: (1) Respondent ordered applicant to confine his cross-examination to the showing of an agreement between the police and their informant; (2) later, Respondent told applicant that he could inquire as to whether, as part of an agreement, the police and/or the prosecution agreed to dispose of felonies or misdemeanors pending against the informant, and in connection therewith, could cross-examine the police witness about the “degree” of crimes that were the subject of the agreement.

These instructions are hopelessly confusing on the face of this record. It is well settled that to sentence one to confinement for contempt of a prior court order that the order must be unequivocal (my emphasis). Ex parte Pardon, 565 S.W.2d 921 (Tex.1978). See also Ex parte Gray, 649 S.W.2d 640 (Tex.Cr.App.1983).

It scarcely matters whether the answer of the witness was responsive to applicant’s question, since prior to the asking of the question, Respondent had not issued a clear, unequivocal order the breach of which was actionable in a contempt proceeding.

With these comments, I join only in the judgment of the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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