Opinion

Jackson v. State

  • 822 S.W.2d 18
  • 1990 Tex. Crim. App. LEXIS 142
  • 1990 WL 324477
Court
Court of Criminal Appeals of Texas
Filed
Sep 19, 1990
Status
Published
Author
Overstreet
On the bench
Overstreet, Teague, Clinton, Davis, Maloney
Cited by
49 cases

stating that an officer who witnessed a defendant giving a statement to another officer could testify to his opinion that the defendant gave the statement voluntarily because such testimony was a “mere shorthand rendering of the facts” demonstrating the defendant’s mental attitude or emotional state

How later courts described this case

  • stating that an officer who witnessed a defendant giving a statement to another officer could testify to his opinion that the defendant gave the statement voluntarily because such testimony was a “mere shorthand rendering of the facts” demonstrating the defendant’s mental attitude or emotional state
  • allowing a police officer to testify that a defendant gave his confession voluntarily because it Awas no more than a short rendition of the facts.@
  • allowing a police officer to testify that a defendant gave his confession voluntarily because it “was no more than a short rendition of the facts.”
  • defendant's jail record, including numerous transfers to different cell blocks, including segregated cells, and reasons for some transfers, such as fighting and violating jail rules, was admissible as business record

Written by the judges who cited it.

The opinion

OVERSTREET, Judge,

dissenting to denial of appellant’s motion for leave to file motion for rehearing.

Because of the particular circumstances and facts of this case, (1) the age of the appellant and (2) the error of the court allowing the prosecutor to limit the jurors’ consideration of their beliefs on rehabilitation in answering Special Issue # 2, I would grant appellant’s motion for rehearing to reexamine the error complained of in point of error #3. The majority refuses, therefore, I dissent.

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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