Opinion

Love v. State

  • 861 S.W.2d 899
  • 1993 Tex. Crim. App. LEXIS 118
  • 1993 WL 191149
Court
Court of Criminal Appeals of Texas
Filed
Jun 9, 1993
Status
Published
Author
Clinton
On the bench
Clinton, Miller, McCormick
Cited by
212 cases

finding that Confrontation Clause error in restricting cross-examination was harmful under Van Arsdall and Shelby; noting that the "precluded evidence cast doubt on the reliability of the breath test result and discredited some testimony" by expert in DWI trial

How later courts described this case

  • finding that Confrontation Clause error in restricting cross-examination was harmful under Van Arsdall and Shelby; noting that the "precluded evidence cast doubt on the reliability of the breath test result and discredited some testimony" by expert in DWI trial
  • holding that error may be preserved by an offer of proof in question and answer form or in the form of a concise statement by counsel
  • noting that defendant’s complaint about the trial court’s refusal to allow him to recall a 15 prosecution witness for impeachment purposes was predicated upon an exclusion of evidence—the impeachment testimony
  • interpreting a complaint that trial court refused to allow defense counsel to recall witness for further cross-examination as being predicated on exclusion of evidence

Written by the judges who cited it.

The opinion

CLINTON, J.,

dissents because the majority does not address and resolve ground # 2 as presented to and treated by the court of appeals, and in any event the latter should make the harm analysis.

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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